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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

DIVISION 8

MEDICAL MARIJUANA

333-008-0010

Definitions

For the purposes of OAR chapter 333,
division 8 the following definitions apply unless otherwise indicated:

(1) "Advertising" means publicizing
the trade name of a PRMG, registered processing site or dispensary together with
words or symbols referring to marijuana or publicizing the brand name of marijuana
or a medical cannabinoid product, concentrate or extract in any medium.

(2) "Applicant" means, as
applicable to the registration being applied for:

(a) An individual applying
for a registry identification card under ORS 475B.415.

(b) An individual applying
for a grow site registration under ORS 475B.420.

(c) A person applying for
a marijuana processing site registration under ORS 475B.435.

(d) A person applying for
a medical marijuana dispensary registration under ORS 475B.450.

(3) "Attending physician"
means a Doctor of Medicine (MD) or Doctor of Osteopathy (DO), licensed under ORS
chapter 677, who has primary responsibility for the care and treatment of a person
diagnosed with a debilitating medical condition.

(4) "Attending physician
statement" or "APS" means the form, prescribed by the Authority and signed by an
attending physician, that states the individual has been diagnosed with a debilitating
medical condition and that the medical use of marijuana may mitigate the symptoms
or effects of the individual’s debilitating medical condition.

(a) A chemical extraction
process using a hydrocarbon-based solvent, such as butane, hexane or propane; or

(b) A chemical extraction
process using the hydrocarbon-based solvent carbon dioxide, if the process uses
high heat or pressure.

(12) "Cartoon" means any
drawing or other depiction of an object, person, animal, creature or any similar
caricature that satisfies any of the following criteria:

(a) The use of comically
exaggerated features;

(b) The attribution of human
characteristics to animals, plants or other objects, or the similar use of anthropomorphic
technique; or

(c) The attribution of unnatural
or extra-human abilities, such as imperviousness to pain or injury, X-ray vision,
tunneling at very high speeds or transformation.

(13) "Commission" means the
Oregon Liquor Control Commission.

(14) "Conviction" means an
adjudication of guilt upon a verdict or finding entered in a criminal proceeding
in a court of competent jurisdiction.

(15) "Database" means the
electronic system established pursuant to ORS 475B.458, in which the Authority stores
the information PRMGs, registered processing sites and dispensaries are required
to submit under these rules.

(16) "Debilitating medical
condition" means:

(a) Cancer, glaucoma, a degenerative
or pervasive neurological condition, positive status for human immunodeficiency
virus or acquired immune deficiency syndrome, or a side effect related to the treatment
of those medical conditions;

(b) A medical condition or
treatment for a medical condition that produces, for a specific patient, one or
more of the following:

(A) Cachexia;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including but
not limited to seizures caused by epilepsy; or

(E) Persistent muscle spasms,
including but not limited to spasms caused by multiple sclerosis;

(c) Post-traumatic stress
disorder; or

(d) Any other medical condition
or side effect related to the treatment of a medical condition adopted by the Authority
by rule or approved by the Authority pursuant to a petition filed under OAR 333-008-0090.

(17) "Delivery" has the meaning
given that term in ORS 475B.410.

(18)(a) "Designated primary
caregiver" means an individual who:

(A) Is 18 years of age or
older;

(B) Has significant responsibility
for managing the well-being of a person who has been diagnosed with a debilitating
medical condition; and

(C) Is designated as the
person responsible for managing the well-being of a person who has been diagnosed
with a debilitating medical condition on that person’s application for a registry
identification card or in other written notification submitted to the Authority.

(b) "Designated primary caregiver"
does not include a person's attending physician.

(19) "Direct interest" means
an interest that is held in the name of the individual.

(20) "Domicile" means the
place an individual intends as his or her fixed place of abode or habitation where
he or she intends to remain and to which, if absent, the individual intends to return.

(a) Means any individual,
including an alien, employed for remuneration or under a contract of hire, written
or oral, express or implied, by an employer.

(b) Does not mean an individual
who volunteers or donates services performed for no remuneration or without expectation
or contemplation of remuneration as adequate consideration for the services performed
for a religious or charitable institution or a governmental entity.

(23) "Food stamps" means
the Supplemental Nutrition Assistance Program as defined and governed by ORS 411.806
through 411.845.

(24) "Grandfathered grow
site" means a grow site registered by the Authority that has been approved by the
Authority under OAR 333-008-0520 that can have up to:

(a) 24 mature marijuana plants
if the location is within city limits and zoned residential; or

(b) 96 mature marijuana plants
if the location is within city limits but not zoned residential or not within city
limits.

(25) "Grow site" means a
location registered under ORS 475B.420 where marijuana is produced for use by a
patient or, with permission from a patient, for transfer to a registered processing
site or dispensary.

(26) "Grow site registration
card" means a card issued by the Authority that identifies the address of a marijuana
grow site and the PRMG.

(27) "Immature marijuana
plant" means a marijuana plant that is not flowering.

(28) "Indirect interest"
means:

(a) An interest that is owned
by a business entity that is owned, in whole or in part and either directly or indirectly,
through one or more other intermediate business entities, by the individual; or

(b) An interest held in the
name of another but the benefits of ownership of which, the individual is entitled
to receive.

(29) "Individual who has
a financial interest" in a business entity that owns a processing site or dispensary
means:

(a) If the business entity
is a corporation:

(A) Stockholders: Any individual
who owns, directly or indirectly, 10 percent or more of the outstanding stock of
such corporation.

(B) Directors: Any director
of the corporation who receives compensation for acting in that capacity or who
owns, directly or indirectly, 5 percent or more of the outstanding stock of such
corporation.

(C) Officers: Any officer
of the corporation who receives compensation for acting in that capacity or who
owns, directly or indirectly, 5 percent or more of the outstanding stock of such
corporation.

(b) If the business entity
is a trust:

(A) Trustees: Any individual
who is a trustee of the trust and who receives compensation for acting in that capacity
and any individual who owns, directly or indirectly, 10 percent or more of the ownership
interests of a business entity that is a trustee of the trust and that receives
compensation for acting in that capacity.

(B) Beneficiaries: Any individual
who is entitled to receive, directly or indirectly, income or benefit from the trust.

(c) If the business entity
is a partnership:

(A) General Partners: Any
individual who is a general partner of the partnership and who receives compensation
for acting in that capacity or who owns 5 percent or more of the ownership interests
of the partnership and any individual who owns, directly or indirectly, 10 percent
or more of the ownership interests of a business entity that is a general partner
of the partnership and that receives compensation for acting in that capacity or
owns 5 percent or more of the ownership interests of the partnership.

(B) Limited Partners: Any
individual who is a limited partner of the partnership and who owns 10 percent or
more of the ownership interests of the partnership and any individual who owns,
directly or indirectly, 10 percent or more of the ownership interests of a business
entity that is a limited partner of the partnership and that owns 10 percent or
more the ownership interests of the partnership.

(d) If the business entity
is a joint venture: Any individual who is entitled to receive, directly or indirectly,
income or benefit from the joint venture.

(e) If the business entity
is a limited liability company:

(A) Managers: Any individual
who is a manager of the limited liability company and who receives compensation
for acting in that capacity or who owns 5 percent or more of the ownership interests
of the limited liability company and any individual who owns, directly or indirectly,
10 percent or more of the ownership interests of a business entity that is a manager
of the limited liability company and that receives compensation for acting in that
capacity or owns 5 percent or more of the ownership interests of the limited liability
company.

(B) Members: Any individual
who is a member of the limited liability company and who owns 10 percent or more
of the ownership interests of the limited liability company and any individual who
owns, directly or indirectly, 10 percent or more of the ownership interests of a
business entity that is a member of the limited liability company and that owns
10 percent or more of the ownership interests of the limited liability company.

(f) Immediate family members:
Any person, 18 years of age or older, involved in a marijuana processing site or
dispensary, in any capacity, who is a member of the immediate family of any individual
who otherwise has a financial interest in the business entity that owns the marijuana
processing site or dispensary. A person is a member of the immediate family of
the individual if the person receives more than 50 percent of his or her financial
support from that individual.

(g) Landlord: Any individual
who is a landlord of a processing site or dispensary and who is entitled to receive
40 percent or more of the proceeds from the marijuana processing site or dispensary
as a part of lease payments or rent, any individual who owns, directly or indirectly,
10 percent or more of the ownership interests of a business entity that is a landlord
of a processing site or dispensary and that is entitled to receive 40 percent or
more of the proceeds from the marijuana processing site or dispensary as part of
lease payments or rent, and any individual who the Authority finds, based on reasonably
reliable information, exerts influence over the operation of the marijuana processing
site or dispensary through a landlord-tenant relationship and receives a portion
of the proceeds from that marijuana processing site or dispensary.

(h) Other forms of business
organization: If the form of business entity is not expressly addressed in subsections
(a) to (g) of this section, the Authority will, in determining individuals who have
a financial interest in the business entity, apply the portions of this definition
applicable to the business entity that are most similar to the subject business
entity, interpreting the terminology and concepts of this definition in the context
of the subject business entity as necessary or appropriate.

(a) For a dispensary a building,
room, or other contiguous area on a dispensary premises where a marijuana item is
present but does not include the area where marijuana items are transferred to a
patient or designated primary caregiver.

(b) For a processing site
a building, room, or other contiguous area on a processing site premises where a
marijuana item is present.

(32)(a) "Marijuana" means
the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae
and the seeds of the plant Cannabis family Cannabaceae.

(b) "Marijuana" does not
include industrial hemp, as defined in ORS 571.300.

(34) "Marijuana processing
site" or "processing site" means a marijuana processing site registered under ORS
475B.435 or a site for which an applicant has submitted an application for registration
under ORS 475B.435.

(35) "Mature marijuana plant"
means a marijuana plant that is not an immature marijuana plant.

(36)(a) "Medical cannabinoid
product" means a cannabinoid edible and any other product intended for human consumption
or use, including a product intended to be applied to a person’s skin or hair,
that contains cannabinoids or dried leaves or flowers of marijuana.

(b) "Medical cannabinoid
product" does not include:

(A) Usable marijuana by itself;

(B) A cannabinoid concentrate
by itself;

(C) A cannabinoid extract
by itself; or

(D) Industrial hemp, as defined
in ORS 571.300.

(37) "Medical marijuana dispensary"
means a medical marijuana dispensary registered under ORS 475B.450 or a site for
which an applicant has submitted an application for registration under ORS 475B.450.

(38) "Medical use of marijuana"
means the production, processing, possession, delivery, or administration of marijuana,
or use of paraphernalia used to administer marijuana to mitigate the symptoms or
effects of a debilitating medical condition.

(41) "OMMP" means the section
within the Authority that administers the provisions of ORS 475B.400 to 475B.525,
the applicable provisions of 475B.550 to 475B.590, 475B.600 to 475B.655, and the
rules in OAR chapter 333, divisions 7 and 8.

(b) In a greenhouse, hoop
house or similar non-rigid structure that does not utilize any artificial lighting
on mature marijuana plants, including but not limited to electrical lighting sources.

(43) "Parent or legal guardian"
means the custodial parent or legal guardian with responsibility for health care
decisions for the person under 18 years of age.

(44) "Patient" has the same
meaning as "registry identification cardholder."

(45) "Person designated to
produce marijuana by a registry identification cardholder" or "person designated
to produce marijuana by a patient" mean a person designated to produce marijuana
by a patient under ORS 475B.420 who produces marijuana for that patient at an address:

(a) Other than the address
where the patient resides; or

(b) Where more than 12 mature
marijuana plants are produced.

(46) "Person responsible
for a marijuana grow site," or "PRMG" mean any individual designated by a patient
to produce marijuana for the patient, including a patient who identifies him or
herself as a person responsible for the marijuana grow site.

(47) "Personal agreement"
means a document, as described in ORS 475B.425 signed and dated by a patient, assigning
a patient’s right to possess seeds, immature marijuana plants and usable marijuana
to a PRMG.

(48) "Point of sale" means
a specific location within a point of sale area at which the transfer of a marijuana
item occurs.

(49) "Point of sale area"
means a secure area where a registered dispensary transfers a marijuana item to
a patient or caregiver.

(50) "Premises" means a location
registered by the Authority as a processing site or dispensary under these rules
and includes all areas at the location that are used in the business operated at
the location, including offices, kitchens, rest rooms and storerooms, including
all public and private areas where individuals are permitted to be present.

(51) "Primary responsibility"
as that term is used in relation to an attending physician means that the physician:

(a) Provides primary health
care to the patient; or

(b) Provides medical specialty
care and treatment to the patient as recognized by the American Board of Medical
Specialties; or

(c) Is a consultant who has
been asked to examine and treat the patient by the patient's primary care physician
licensed under ORS chapter 677, the patient's physician assistant licensed under
ORS chapter 677, or the patient's nurse practitioner licensed under ORS chapter
678; and

(d) Has reviewed a patient's
medical records at the patient's request and has conducted a thorough physical examination
of the patient, has provided or planned follow-up care, and has documented these
activities in the patient's medical record.

(54) "Registry identification
card" means a document issued by the Authority under ORS 475B.415 that identifies
a person authorized to engage in the medical use of marijuana, and, if the person
has a designated primary caregiver under ORS 475B.418, the person’s designated
primary caregiver.

(a) A patient’s registry
identification card, a designated primary caregiver’s or a PRMG’s identification
card, or grow site registration card is lost or stolen; or

(b) A patient’s designation
of primary caregiver, PRMG or grow site has changed.

(58) "Resident" means an
individual who has primary domicile within this state.

(59) "Safe" means:

(a) A metal receptacle with
a locking mechanism capable of storing all usable marijuana at a registered premises
that:

(A) Is rendered immobile
by being securely anchored to a permanent structure of the building; or

(B) Weighs more than 750
pounds.

(b) A vault; or

(c) A refrigerator or freezer
capable of being locked for storing edibles or other finished products that require
cold storage that:

(A) Is rendered immobile
by being securely anchored to a permanent structure of the building; or

(B) Weighs more than 750
pounds; and

(C) If it has a glass that
makes up part or all of the door or exterior walls, the glass is rated unbreakable.

(60) "Secondary school" means
a learning institution containing any combination of grades 9 through 12 and includes
those institutions that provide junior high schools which include 9th grade.

(61) "Secure area" means
a room:

(a) With doors that are kept
locked and closed at all times except when the doors are in use;

(b) Where access is only
permitted as authorized in these rules; and

(c) Not visible from outside
the room or within public view.

(62) "Supplemental Security
Income (SSI)" means the monthly benefit assistance program administered by the federal
government for persons who are age 65 or older, or blind, or disabled and who have
limited income and financial resources.

(66) "Vault" means an enclosed
area that is constructed of steel-reinforced or block concrete and has a door that
contains a multiple-position combination lock or the equivalent, a relocking device
or equivalent, and a steel plate with a thickness of at least one-half inch.

(67) "Written documentation"
means a statement signed and dated by the attending physician of a person diagnosed
with a debilitating medical condition or copies of the person's relevant medical
records, maintained in accordance with standard medical record practices.

(68) "Zoned for residential
use" means the only primary use allowed outright in the designated zone is residential.

(1) To apply for a registry identification
card an individual must submit the following:

(a) An application form,
prescribed by the Authority, signed and dated by the applicant.

(b) A legible copy of the
individual’s valid government issued photographic identification that includes
the applicant’s last name, first name, and date of birth.

(c) An APS or written documentation
that may consist of relevant portions of the applicant's medical record, signed
by the applicant's attending physician within 90 days of the date of receipt by
the Authority, which describes the applicant's debilitating medical condition and
states that the use of marijuana may mitigate the symptoms or effects of the applicant's
debilitating medical condition.

(d) Proof of residency in
accordance with OAR 333-008-0022.

(e) If applicable, a completed
and notarized "Declaration of Person Responsible for Minor" form for a person under
18 years of age, signed and dated by the minor’s parent or legal guardian.

(f) An application fee as
specified in OAR 333-008-0021.

(g) If applicable, documentation
required in OAR 333-008-0021 to qualify for a reduced fee.

(2) If the applicant is designating
a primary caregiver, the applicant must complete the caregiver portion of the application
and submit a legible copy of the designated primary caregiver’s valid government
issued photographic identification that includes the caregiver’s last name,
first name, and date of birth. The applicant may also designate an organization
that provides hospice, palliative or home health care services, or a residential
facility as defined in ORS 443.400, under ORS 475B.419, as an additional caregiver.

(3) If an applicant intends
to produce marijuana for him or herself or designate another person to produce marijuana
for him or her, the applicant or the individual designated to be the PRMG must complete
the grow site registration portion of the application and submit:

(a) A legible copy of the
designated PRMG’s valid government issued photographic identification that
includes the last name, first name, and date of birth.

(b) The grow site address.

(c) If the grow site is within
city limits, documentation that shows the zoning designation for the grow site address.

(d) Except for a patient
producing marijuana for him or herself at his or her residence, the grow site registration
fee as specified in OAR 333-008-0021(4), unless the Authority has established an
online payment system for grow site registration in which case the fee must be paid
online in accordance with instructions from the Authority.

(4) If the Authority establishes
an online payment system for payment of a grow site registration fee the Authority
must notify the person designated on the application as the PRMG with instructions
for how to pay the fee online and the deadline by which the fee must be paid.

(5) Applications must be
mailed to the address listed in section (6) of this rule or hand-delivered to the
OMMP dropbox at 800 N.E. Oregon St., Portland, Oregon 97232, unless the Authority
has established an electronic application process at which time applications and
accompanying documentation must be submitted electronically.

(6) The application forms
referenced in this rule may be downloaded at www.healthoregon.org/ommp or obtained
by contacting OMMP at PO Box 14450, Portland, OR 97293-0450 or by calling 971-673-1234.

(7) Acceptable forms of current
government issued photographic identification include but are not limited to:

(2) New and Renewal Application
Fee. A patient must pay a $200 application fee unless the applicant qualifies for
a reduced fee under section (3) of this rule.

(3) Reduced Fees.

(a) An applicant receiving
SSI benefits: $20. In order to qualify for the reduced fee the applicant must submit
at the time of application a copy of a current monthly SSI benefit statement showing
dates of coverage.

(b) An applicant enrolled
in OHP: $50. In order to qualify for the reduced fee the applicant must submit a
copy of the applicant's current eligibility statement or card.

(c) An applicant receiving
food stamp benefits through the Oregon SNAP: $60. In order to qualify for the reduced
fee the applicant must submit at the time of application current proof of his or
her food stamp benefits.

(d) An applicant who has
served in the Armed Forces of the United States: $20. In order to qualify for the
reduced fee the applicant must provide proof of having served in the Armed Forces,
such as but not limited to, submitting a Veteran’s Administration form DD-214.

(4) Grow Site Registration
Fee: $200.

(5) Replacement Card Fees.
If a patient, designated primary caregiver or PRMG needs to obtain a replacement
card the fee is $100. If the patient qualifies for a reduced application fee of
$20, the fee to receive any of the replacement cards is $20.

(6) All fees must be paid
at the time a new or renewal application is submitted, or when an application to
add or change a PRMG is submitted under OAR 333-008-0047 and may be paid in the
form of bank check, money order, or personal check, unless the Authority has established
an online payment system in which case payments must be made online. The Authority
does not accept responsibility for payments that are lost in the mail or stolen
in transit.

(7) The Authority shall notify
an applicant who submits a reduced application fee if the applicant is not eligible
for the reduced fee and will allow the applicant 14 calendar days from the date
of notice to pay the correct application fee or submit current valid proof of eligibility
for a reduced fee.

(1) If an applicant for a registry identification
card does not have a valid Oregon driver license or Oregon identification card,
the applicant must submit documentation that shows the applicant is a resident of
Oregon, such as but not limited to a current lease agreement or current utility
bill that has the applicant’s name and address.

(2) Residency must be maintained
by patients while registered with the Authority.

(1) The Authority must review a patient
application to determine if it is complete.

(a) If an applicant does
not provide all the information required in OAR 333-008-0020 or pay the applicable
fee the Authority must notify the applicant of the information that is missing or
the fee that was not paid, and allow the applicant 14 calendar days to submit the
missing information.

(b) If an applicant does
not provide the information requested in subsection (1)(a) of this rule the application
must be denied in accordance with OAR 333-008-0035.

(2) The Authority may verify
the information on each application, verify any accompanying documentation submitted
with an application, or request additional information from the applicant or other
individuals named on the application.

(3) If the Authority is unable
to verify that the applicant's attending physician meets the definition under OAR
333-008-0010 the applicant will be allowed 30 days to submit a new APS or written
documentation from a physician meeting the requirements of these rules. Failure
to submit the required attending physician documentation is grounds for denial under
ORS 475B.415(8) and OAR 333-008-0035.

(4) If an applicant fails
to submit information necessary for the Authority to verify information on the application,
fails to submit information necessary to verify any accompanying documentation submitted
with an application, or fails to cooperate with the Authority in obtaining information,
such as but not limited to refusing to sign an authorization for disclosure of medical
records within timeframes established by the Authority, the Authority will reject
the application as incomplete.

(5) An applicant whose application
is rejected as incomplete may reapply at any time. If the individual reapplies within
a year the application fee may be applied toward a new application.

(6) Upon receipt of a complete
application, including payment of the required application fee, the Authority must
issue a receipt to the applicant verifying that a complete application has been
received. A receipt issued under this section has the same legal effect as a registry
identification card for 30 days following the date on which the receipt was issued
to the applicant.

(7) The Authority shall approve
or deny an application within 30 days after receiving a complete application.

(b) Not have been convicted
of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture
or delivery of a controlled substance in Schedule I or Schedule II:

(A) Within the previous two
years; or

(B) More than once.

(2) In addition to the application
review required in OAR 333-008-0023 the Authority must:

(a) Conduct a criminal background
check on any PRMG.

(b) Verify the PRMG’s
age.

(c) Verify the zoning of
the grow site address if the grow site is within city limits.

(d) Determine the number
of plants that are permitted at the grow site address.

(3) Unless the Authority
has received a request for a grandfathered grow site address under OAR 333-008-0500,
the grow site plant limits, on and after March 1, 2016, are as follows:

(a) A maximum of 12 mature
marijuana plants if the grow site location is within city limits and zoned residential;
or

(b) A maximum of 48 mature
marijuana plants if the grow site location is within city limits but not zoned residential
or outside city limits.

(4) The Authority must notify
a patient if a PRMG or a grow site address is ineligible for registration and the
patient will be allowed 14 calendar days to identify another PRMG or grow site address
in accordance with OAR 333-008-0047.

(b) The effective date, date
of issuance, and expiration date of the identification card.

(c) The grow site address.

(d) The patient’s registry
identification card number.

(3) A PRMG, except for a
patient growing only for him or herself at his or her residence who is not transferring
usable marijuana, seeds or immature plants to a registered processing site or dispensary,
must create an online account with the Authority through which the individual must
at a minimum submit the information required in OAR 333-008-0630.

(4) The Authority must notify
a PRMG at the time the grow site is registered the current number of mature marijuana
plants permitted at the grow site address.

(5) The Authority shall also
notify a patient if the PRMG and grow site address has been approved.

(6) The Authority may only
register one grow site per patient, and may only register grow sites in Oregon.

Denial of Designation of Caregiver
or Person Responsible for a Marijuana Grow Site; Denial of Grow Site Registration

(1) The Authority may deny a designation
of a primary caregiver made under ORS 475B.418 if the Authority determines that
the designee or the patient violated a provision of ORS 475B.400 to 475B.525, ORS
475B.580, 475B.650, OAR chapter 333, division 7, these rules, or an ordinance adopted
pursuant to ORS 475B.500.

(2) A person whose designation
has been denied may not be designated as a primary caregiver under ORS 475B.418
for six months from the date of the denial unless otherwise authorized by the Authority.

(3) The Authority may deny
a designation of a PRMG if the Authority determines that the applicant or the PRMG
violated a provision of ORS 475B.400 to 475B.525, 475B.580, 475B.650, OAR chapter
333, division 7, these rules, or an ordinance adopted pursuant to ORS 475B.500.

(4) The Authority may deny
the registration of a PRMG and grow site address if the grow site registration fee
has not been paid.

(1) A patient shall register on an annual
basis to maintain active registration status by submitting:

(a) A renewal application
prescribed by the Authority;

(b) An APS signed by the
patient's attending physician within 90 days prior to the expiration date of the
patient's current card, reconfirming the patient's debilitating medical condition
and that the medical use of marijuana mitigates the symptoms of the patient's debilitating
medical condition; and

(c) The additional information
and fees required in OAR 333-008-0020.

(2) A renewal application
may be submitted by mail at PO Box 14450, Portland, OR 97293-0450 or in person at
the OMMP drop box located at 800 N.E. Oregon St., Portland, OR 97232.

(3) Between 60 to 90 calendar
days prior to expiration, the Authority shall notify the patient of the upcoming
expiration date.

(4) If a renewal application
and accompanying information is not received by the expiration date on the patient’s
card, the patient's card and all other associated OMMP identification cards, if
any, are expired. The expiration date may be extended, due to personal hardship,
at the discretion of the Authority.

(5) Upon receipt of a complete
renewal application, including payment of the required application fee, the Authority
must issue a receipt to the applicant verifying that a complete renewal application
has been received. A receipt issued under this section has the same legal effect
as a registry identification card for 30 days following the date on which the receipt
was issued to the applicant.

(6) The Authority shall review
and verify the renewal application information in the same manner as specified in
OAR 333-008-0023 and 333-008-0025 and shall approve or deny the application in accordance
with OAR 333-008-0030 to 333-008-0037, as applicable.

(a) A patient must notify
the Authority within 10 calendar days of any change in the patient's name, mailing
address, electronic mail address, telephone number, attending physician, designated
primary caregiver, PRMG, grow site address or residency, on a form prescribed by
the Authority.

(b) If the patient is designating
a caregiver for the first time or designating a different caregiver, the patient
must include all the information and documentation specified in the form and required
under OAR 333-008-0020.

(c) If a patient is adding
or changing a PRMG or grow site address the patient must comply with OAR 333-008-0047.

(2) Caregiver notification
responsibilities. A designated primary caregiver must notify the Authority within
10 calendar days of any change in the caregiver name, mailing address, electronic
mail address, or telephone number.

(3) Person responsible for
a marijuana grow site notification responsibilities. A PRMG must notify the Authority
within 10 calendar days of:

(b) A conviction of a Class
A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery
of a controlled substance in Schedule I or Schedule II.

(4) If the Authority is notified
by the patient that the patient has terminated the designation of a primary caregiver
or a PRMG the Authority must notify the individuals confirming the termination,
informing the individual that his or her card is no longer valid, and requesting
that the card be returned to the Authority within seven calendar days. In addition
the Authority must notify the PRMG whether the termination affects the person’s
ability to produce marijuana for other patients at the grow site address, in accordance
with ORS 475B.428(6).

(5) Change in Medical Condition.

(a) If an attending physician
notifies the Authority that a patient no longer has a debilitating medical condition
or that that the medical use of marijuana is contraindicated for the patient's debilitating
medical condition, the Authority must notify the patient that the patient’s
registry identification card will be invalid 30 days from the date of the notification
unless the patient submits within 30 calendar days an APS or written documentation
that may consist of relevant portions of the individual's medical record, signed
by the individual’s attending physician within the previous 90 days, which
states the individual has been diagnosed with a debilitating medical condition and
that the use of marijuana may mitigate the symptoms or effects of the individual's
debilitating medical condition.

(b) If, due to circumstances
beyond the patient’s control he or she is unable to submit the documentation
in subsection (a) of this section, the Authority may, upon receiving a written request
from the patient, grant the patient additional time to obtain a second opinion.
The Authority must notify the patient how much additional time the patient has to
submit the documentation.

(6) If a patient does not
intend to submit the information or does not submit the information required in
section (5) of this rule within the timeframes established by the Authority, the
Authority must notify:

(a) The patient that the
patient’s card must be returned within seven calendar days; and

(b) If applicable, the patient’s
designated primary caregiver and PRMG that those identification cards must be returned
within seven calendar days.

(7) The Authority will review
and deny a caregiver designation or register a caregiver in accordance with OAR
333-008-0023 to 333-008-0037, as applicable.

(8) Change forms may only
be submitted to the Authority via mail at PO Box 14450, Portland, OR 97293-0450
or in person at the OMMP drop box located at 800 N.E. Oregon St., Portland, OR 97232
and must be accompanied by any applicable fee as specified in OAR 333-008-0021.

Interim Addition or Change of Person
Responsible for a Marijuana Grow Site or Grow Site Address

(1) If a patient is adding a PRMG and
grow site address at any time other than when applying for a new or renewal registry
identification card, or if a patient is changing a PRMG or grow site address at
any time other than when submitting a renewal application for a patient identification
card, the patient must:

(a) Submit a PRMG and grow
site registration change application, on a form prescribed by the Authority, that
includes all the information and documentation specified in the form and required
under OAR 333-008-0020(3); and

(b) Pay the fee required
in OAR 333-008-0021 unless the PRMG is a patient growing only for him or herself.

(2) A PRMG and grow site
registration change application shall be reviewed in accordance with OAR 333-008-0025
and approved or denied in accordance with OAR 333-008-0033 or 333-008-0037.

If an applicant, patient, designated
primary caregiver, or PRMG is required to submit information or documentation to
the Authority by a particular deadline it must be received by the Authority, regardless
of the method used, by 5 p.m. Pacific Time.

(a) DSM means
the latest published edition of Diagnostic and Statistical Manual of Mental Disorders.

(b) ICD means
the most recent revision of the International Classification of Diseases published
by the United Nations-sponsored World Health Organization that provides codes, up
to six characters long, to classify diseases and a variety of signs, symptoms, abnormal
findings, complaints, social circumstances, and external causes of injury or disease.

(c) Peer-reviewed
published scientific study means that a study has been cited by the Cochrane Review,
the Institute of Medicine, or PubMed Central.

(d) Petitioner
means an individual who has filed a petition in accordance with ORS 475B.517 and
this rule.

(e) State
Public Health Officer (SPHO) means the individual appointed by the Director of the
Authority in accordance with ORS 431.045, or his or her designee.

(2) The Authority
shall accept a written petition from any person requesting that a particular disease
or condition be included among the diseases and conditions that qualify as a debilitating
medical condition under ORS 475B.410.

(a) A petition
may only request a single disease or condition be added as a debilitating medical
condition. A separate petition must be submitted for each disease or condition proposed
to be added as a debilitating medical condition.

(b) A petition
must be submitted by mail using a form prescribed by the Authority and must include,
along with the form, the following in an electronic format (e.g. compact disc (CD)
or thumb drive):

(A) A specific
description of the disease or condition proposed to be added and its characteristics,
including the applicable ICD code or the specific diagnosis as described in the
DSM;

(B) A general
explanation of how or why the petitioner believes marijuana would mitigate the symptoms
or effects of the disease or condition that is the subject of the petition; and

(C) At least
one peer-reviewed published scientific study showing the efficacy in humans for
use of medical marijuana for the disease or condition that is the subject of the
petition.

(c) A petitioner
may also include with the information required to be submitted in subsection (2)(b)
of this rule letters of support from physicians or other licensed health care professionals
knowledgeable about the disease or condition proposed to be added, and any other
information the petitioner believes the SPHO should review in considering the petition.

(d) If a
petitioner submits a petition to add the same or a substantially equivalent disease
or condition that was the subject of a petition that was denied by the SPHO within
the last five years from the date a new petition is submitted, a petitioner must
submit at least one peer-reviewed published scientific study that was published
since the date the SPHO denied the previous petition for the same or substantially
equivalent disease or condition.

(e) A petition
may not contain individually identifiable health information as that is defined
in ORS 433.443 unless any individual identified in relation to health information
submits an Authorization for Use and Disclosure of Information on a form prescribed
by the Authority. A petition that contains individually identifiable health information
that is submitted without the required authorization must be returned to the petitioner
as incomplete.

(f) A petition
that does not contain all the information required by section (2) of this rule shall
be returned to the petitioner as incomplete. A petition returned as incomplete is
not considered a denial for purposes of subsection (2)(d) of this rule.

(3) If the
petitioner has submitted a petition with all the information required in section
(2) of this rule, the SPHO must:

(a) Assign
a petition number to the petition;

(b) Notify
the petitioner by certified mail that the petition has been accepted;

(c) Post
a notice, a copy of the petition and materials submitted by the petitioner on the
Authority's website announcing that the petition has been accepted and is under
consideration, and solicit information from individuals or organizations concerning
experts in cannabis therapeutics and scientific studies, including but not limited
to peer-reviewed published scientific studies;

(d) Notify
the Advisory Committee on Medical Marijuana (ACMM) by electronic mail that the petition
is under consideration, and request from the ACMM recommendations regarding relevant
experts and information pertinent to the petition;

(e) Conduct
an investigation that may, as the SPHO determines necessary, include:

(A) Consulting
with one or more experts in cannabis therapeutics and one or more experts on the
disease or condition that is the subject of the petition;

(B) Requesting
a literature review and a summary of peer-reviewed published scientific studies
related to the use of marijuana for the disease or condition that is the subject
of the petition, from neutral persons knowledgeable about conducting such reviews;
and

(C) Gathering
any other information the SPHO believes relevant to making a decision on the petition.

(f) Hold
a public hearing at a time and place determined by the SPHO. At the public hearing
the petitioner shall have the opportunity to address the SPHO in person or by telephone.
Written comments shall be accepted by the SPHO for one week following the close
of the public hearing.

(4) Following
the investigation identified in subsection (3)(e) of this rule and the close of
the public comment period specified in subsection (3)(f) of this rule, the SPHO
must issue a Notice of Intent to either approve or deny the petition.

(a) The SPHO
must issue a Notice of Intent to Approve the petition if, based on the evidence
presented to and considered by the SPHO, the SPHO finds that:

(A) Marijuana
is efficacious for the disease or condition that is the subject of the petition
or marijuana may mitigate the symptoms or effects of the disease or condition that
is the subject of the petition; and

(B) Any risk
of physical or mental harm from using marijuana for the disease or condition that
is the subject of the petition is outweighed by the physical or mental benefit of
using marijuana for that disease or condition.

(b) The SPHO
must issue a Notice of Intent to Deny the petition if the SPHO determines that the
evidence presented to and considered by the SPHO does not meet the standards established
in subsection (4)(a) of this rule.

(c) The Notice
of Intent must be in writing and must describe all evidence and information upon
which the decision of the SPHO is based, including the identity and credentials
of all experts relied upon.

(d) If the
Authority issues a Notice of Intent to Deny the petitioner is entitled to a contested
case hearing as provided under ORS chapter 183. The petitioner has 30 days to request
a hearing.

(5) At a
contested case hearing, the petitioner has the burden of proving the decision of
the SPHO was without a reasonable basis in fact.

(6) The SPHO
must issue a final order within 180 days of receipt of a complete petition.

(7) A petitioner
may withdraw his or her petition without prejudice at any time prior to the public
hearing specified in subsection (3)(f) of this rule. A petition withdrawn after
the public hearing specified in subsection (3)(f) of this rule shall be deemed denied
for purposes of this rule.

(1) The Advisory Committee on Medical
Marijuana (ACMM) shall advise the Director of the Authority on the administrative
aspects of ORS 475B.400 to 475B.525, including rules and fees adopted and proposed
for adoption under ORS 475B.400 to 475B.525.

(2) The Authority will provide
staff support to the ACMM by assisting with the scheduling of meetings, recording
of minutes, and dissemination of meeting-related materials.

(1) An individual or group of individuals
may submit a petition, on a form prescribed by the Authority, requesting that a
grow site address be approved as a grandfathered grow site.

(2) A petition submitted
under section (1) of this rule must include:

(a) For all individuals currently
growing at the grow site address:

(A) Names and contact information.

(B) Copies of legible and
valid government issued photographic identification that includes last name, first
name, and date of birth.

(C) Copies of all current
grow site registration cards issued to the PRMG for the grow site address.

(D) An attestation that the
PRMG was registered at the grow site address on December 31, 2014, and has continuously
been registered at the grow site address since that date.

(b) The physical address
of the grow site where marijuana is being produced or intending to be produced.

(c) Documentation from a
local government that indicates whether the address is within city limits and if
so, the zoning designation for the address.

(d) The names and registry
identification card numbers for all patients for whom each PRMG is producing at
the grow site address.

(e) How many patients each
PRMG was growing for on December 31, 2014.

(3) A petition that does
not contain all the required information or is not accompanied by all of the documentation
required to be submitted in section (2) of this rule is incomplete and will be returned
to the applicant.

(4) A petition that does
not include all the PRMGs currently growing at the grow site address may be considered
by the Authority to be incomplete and may be returned to the applicant.

(5) Acceptable forms of current
government issued photographic identification include but are not limited to:

(1) Once the Authority has determined
that a petition is complete it must:

(a) Conduct a criminal background
check on all PRMGs listed on the application;

(b) Verify that:

(A) Each person listed on
the application is 21 years of age or older;

(B) Each person has a current
valid registration card and is currently registered at the grow site address;

(C) All the patients listed
on the application have valid cards; and

(D) All persons were registered
with the Authority on December 31, 2014, at the grow site address listed on the
application and have been continuously registered at the grow site since the petition
was submitted; and

(c) Verify the number of
patients each PRMG was producing marijuana for, at that address on December 31,
2014.

(2) If a PRMG listed on a
petition does not meet the age requirements or is disqualified to be a PRMG based
on criminal convictions, the Authority must notify:

(a) The PRMG that his or
her designation is revoked; and

(b) The patient that the
patient’s PRMG is ineligible and that the patient may submit a change form,
in accordance with OAR 333-008-0047 designating a new PRMG and grow site address.

(1) The Authority must deny a petition
for a grandfathered grow site if based on the information in the petition and the
Authority’s review of the petition:

(a) The grow site address
is not currently registered with the Authority;

(b) The petition does not
include all PRMGs currently producing marijuana at the grow site address;

(c) None of the PRMGs listed
in the petition are qualified or the number of PRMGs eligible to produce marijuana
at the grow site address would result in the grow site address exceeding the maximum
plant limits, depending on the location of the grow site address;

(d) Not all of the qualified
PRMGs listed in the petition were registered at the grow site address on December
31, 2014, or were not all continuously registered there at the time the petition
was submitted; or

(e) The number of patients
registered at the grow site address exceed the plant limits in ORS 475B.428(3)(b)
or 475B.428(4)(b).

(2) An individual or group
of individuals whose petition is denied may resubmit a petition at any time.

(3) If a petition is denied
the maximum plant limits at the grow site address for which the petition was filed
are:

(a) 12 mature marijuana plants
if the location is within city limits and zoned residential; or

(b) 48 mature marijuana plants
if the location is within city limits but not zoned residential or not within city
limits.

(1) A grandfathered grow site may only
have the number of plants authorized by the Authority, based on the number of patients
designating the address as a grow site on December 31, 2014. A PRMG producing marijuana
at a grandfathered grow site may replace an existing patient with a new patient
unless the person’s designation has been terminated under ORS 475B.428(6).

(2) If the Authority suspends
or revokes the registration of a PRMG that is producing marijuana at a grandfathered
grow site the PRMG may not continue to grow at that address or any other grow site
address that has more than:

(a) 12 mature marijuana plants
if the location is within city limits and zoned residential; or

(b) 48 mature marijuana plants
if the location is within city limits but not zoned residential or not within city
limits.

(3) If a patient terminates
the designation of a PRMG that person may not be designated to produce marijuana
by another patient at the grandfathered grow site address and may not produce marijuana
at any other grow site address that is authorized to have more than 48 mature marijuana
plants.

(4) Approval of a grandfathered
grow site is terminated once the number of mature marijuana plants, based on number
of PRMGs who have been authorized to produce medical marijuana at the grow site
address and the number of patients each person is producing for is less than:

(a) 12 mature marijuana plants
if the location is within city limits and zoned residential; or

(b) 48 mature marijuana plants
if the location is within city limits but not zoned residential or not within city
limits.

(1) A PRMG may not grow marijuana for
more than four patients at any one time.

(2) A PRMG must display a
marijuana grow site registration card at the marijuana grow site at all times for
each patient for whom marijuana is being produced.

(3) All seeds, immature marijuana
plants, mature marijuana plants and usable marijuana associated with the production
of marijuana for a patient by a PRMG are the property of the patient and must be
provided to the patient upon request, unless the patient has assigned a portion
of the right to possess the seeds, immature plants and usable marijuana to the PRMG
in accordance with ORS 475B.425.

(4) All marijuana produced
for a patient must be provided to the patient or designated primary caregiver when
the PRMG ceases producing marijuana for the patient, unless the patient has assigned
a portion of the right to possess the seeds, immature plants and usable marijuana
to the PRMG in accordance with ORS 475B.425.

(5) All usable marijuana
associated with the production of marijuana for a patient must be transferred to
a marijuana processing site upon the patient’s request.

(6) All seeds, immature marijuana
plants and usable marijuana associated with the production of marijuana for a patient
must be transferred to a medical marijuana dispensary upon the patient’s request.

(7) If a patient terminates
the designation of a PRMG that PRMG may not be designated to produce marijuana by
another patient unless the grow site address is authorized to have no more than
48 mature marijuana plants.

(8) A PRMG must return the
grow site registration card to the Authority when the person’s designation
has been terminated by a patient or the person ceases producing marijuana for him
or herself or another patient.

(9) A PRMG registered with
the Authority, except for a patient growing only for him or herself at his or her
own residence and not transferring usable marijuana, seeds or immature plants to
a registered processing site or dispensary, must create an online account with the
Authority through which the individual must at a minimum submit the information
required in OAR 333-008-0630.

(10) A PRMG must comply with
the advertising restrictions in OAR 333-008-2070 and must remove any sign, display
or advertisement if the Authority determines the PRMG has violated OAR 333-008-2070.

(1) A PRMG producing marijuana at a
grow site where multiple PRMGs are registered must physically identify the marijuana
plants at a grow site address that are being grown by that PRMG by either:

(a) Tagging each marijuana
plant with the PRMG’s name, identification card number and patient identification
number; or

(b) Fencing or cordoning
off the PRMG’s marijuana plants and posting all grow site registration cards
at the location where the plants are located.

(2) If during an investigation
the Authority determines that marijuana plants have not been designated by a PRMG
in accordance with section (1) of this rule or there are marijuana plants at the
grow site designated by an individual who is not authorized to produce marijuana
at that grow site the Authority may suspend or revoke the registration of the grow
site address for all PRMGs at that grow site and all the PRMG’s identification
cards.

(3) If during an investigation
the Authority determines that a PRMG is producing marijuana plants in excess of
the number of plants allowed in ORS 475B.428 the Authority may suspend or revoke
the registration of the PRMG for each patient who has designated the PRMG.

Usable Marijuana Possession Limits
for a Person Designated to Produce Marijuana by a Patient

(1) Subject to section (2) of this rule,
a person designated to produce marijuana by a patient may possess the amount of
usable marijuana that the person harvests from his or her mature marijuana plants,
provided that the person may not possess usable marijuana in excess of the amount
of usable marijuana in the person’s possession as reported to the Authority
under OAR 333-008-0630.

(2) A person designated to
produce marijuana by a patient may not possess usable marijuana in excess of:

(a) For a marijuana grow
site located outdoors, 12 pounds of usable marijuana per mature marijuana plant;
or

(b) For a marijuana grow
site located indoors, six pounds of usable marijuana per mature marijuana plant.

(3) Unless a PRMG falls within
the definition of a person designated to produce marijuana by a patient the PRMG
may only possess the amount of usable marijuana that is permitted under ORS 475B.245.

(4) A PRMG producing marijuana
at a grow site where there are multiple PRMGs registered must physically segregate
the usable marijuana at the grow site address that is the property of the PRMG or
the PRMG’s patients by placing the usable marijuana in a receptacle or multiple
receptacles and attaching a label to the receptacle that includes the PRMG’s
name, identification card number and patient identification number.

(5) If during an investigation
the Authority determines that usable marijuana has not been segregated in accordance
with section (4) of this rule or that usable marijuana at the grow site is identified
as belonging to an individual who is not registered at the grow site, the Authority
may suspend or revoke the registration of the grow site address for all PRMGs producing
at that grow site and the PRMG’s cards.

(1) The reporting requirements in this
rule do not apply to a patient growing only for him or herself at his or her residence,
unless the patient is transferring usable marijuana to a registered processing site
or dispensary.

(2) Beginning in June 2016,
and on a monthly basis thereafter, no later than the 10th day of each month, a PRMG,
who is not a person designated to produce marijuana by a patient, as that is defined
in OAR 333-008-0010, must submit the following information to the Authority:

(a) The number of immature
and mature marijuana plants and amount of usable marijuana transferred to each patient
for whom the PRMG is producing marijuana;

(b) The amount of usable
marijuana transferred to each registered marijuana processing site through an agreement
with the patient; and

(c) The number of seeds or
immature plants and the amount of usable marijuana transferred to each registered
dispensary through an agreement with the patient.

(3) Beginning in June 2016,
and on a monthly basis thereafter, no later than the 10th day of each month, a person
designated to produce marijuana by a patient as that term is defined in OAR 333-008-0010,
must submit the following information to the Authority:

(a) The number of mature
marijuana plants and immature marijuana plants, the amount of marijuana leaves and
flowers being dried, and the amount of usable marijuana, in the person’s possession;

(b) The number of mature
marijuana plants and immature marijuana plants, and the amount of usable marijuana
transferred to each patient for whom the person produces marijuana, or that patient’s
designated primary caregiver during the previous month;

(c) The amount of usable
marijuana transferred to each marijuana processing site during the previous month;
and

(d) The number of immature
marijuana plants, and the amount of usable marijuana transferred to each medical
marijuana dispensary during the previous month.

(4) The information required
to be submitted under this rule must be submitted electronically in a manner prescribed
by the Authority.

(5) In addition to submitting
the information as required in section (3) of this rule a person designated to produce
marijuana by a patient must keep a record of the information described in section
(3) of this rule for two years after the date on which the person submits the information
to the Authority.

(6) A person designated to
produce marijuana by a patient, as that term is defined in OAR 333-008-0010, may
delegate his or her duty to report information under section (3) of this rule to
another person designated to produce marijuana by a patient if the marijuana grow
site addresses are the same.

(a) The person to whom the
duty is delegated must submit a notice, on a form prescribed by the Authority, of
the delegation.

(b) A delegation under this
section does not relieve a person designated to produce marijuana by a patient,
who delegates the duty to report, from complying with any of these rules, except
for the duty to report.

(c) If a person to whom the
reporting duty has been delegated fails to report in accordance with section (3)
of this rule the Authority may suspend or revoke the registration of the person
to whom the reporting duty was delegated.

(d) If the person to whom
the reporting duty has been delegated fails to report in accordance with section
(3) of this rule for any person designated to produce marijuana by a patient the
delegation is void and the person who delegated the reporting duty must report the
information to the Authority within 10 business days of being informed by the Authority
of the failure to report.

(1) The Authority may, at any time,
contact a patient, designated primary caregiver, PRMG, or a patient's attending
physician by telephone, mail or in person to verify the current accuracy of information
included in the registration system.

(2) The Authority may, when
it has reasonable basis for believing a violation of ORS 475B.400 through 475B.525,
475B.555, 475B.605, 475B.615, OAR chapter 333, division 7 or these rules has occurred,
either conduct an investigation or arrange for this responsibility to be assumed
by the proper state or local authorities.

(3) A patient, designated
primary caregiver or PRMG must cooperate with the Authority during an investigation.

(4) If the Authority records
show that any one physician is the attending physician of record for more than 450
patients at any point in time, the Authority shall request, in writing, that the
physician do one of the following:

(a) Provide information for
each new patient over the 450 threshold, including:

(A) Documentation that the
patient's medical records have been reviewed;

(B) Patient chart notes documenting
the patient was examined by the physician and the date of the examination; and

(C) Documentation showing
provided or planned follow-up care;

(b) Provide a letter from
a clinic at which the physician provides care requesting that the physician be exempted
from this section and provide documentation from the clinic that it:

(A) Has clear systems for
ensuring medical records are reviewed and that each patient is examined by a physician;

(B) Provides follow-up care
for patients;

(C) Maintains a record system
documenting the review of medical records, physician examination, and follow-up
care; and

(D) Will allow on-site inspections
by the Authority to confirm compliance; or

(c) Provide a written statement
explaining why the physician should be released from the requirements in this section,
for example, an explanation that the physician:

(A) Has a practice that includes
a disproportionately high percentage of patients with qualifying conditions;

(B) Serves as a consultant
for other health care providers who refer patients requesting medical marijuana;
or

(C) Has multiple practice
sites and at one of the practice sites the physician clearly meets the attending
physician definition.

(5) If the Authority receives
a request from a physician to be exempted from the requirement in section (4) of
this rule, the Authority shall provide the physician a decision, in writing, explaining
whether the physician is or is not exempted from the requirement in section (4)
of this rule. The Authority’s written decision shall explain the basis for
the Authority's decision.

(6) The Authority shall refer
criminal complaints against a patient, designated primary caregiver, or PRMG; or
medical practice complaints against an attending physician to the appropriate state
or local authorities.

(b) If a patient’s
card is revoked, any designated primary caregiver issued under ORS 475B.415(5)(b)
or PRMG identification card or grow site registration card issued under ORS 475B.420
shall also be revoked.

(c) An individual whose registry
identification card is revoked under this rule may not reapply for a registry identification
card for six months from the date of the revocation unless otherwise authorized
by the Authority.

(2) Designated Primary Caregiver
Suspension or Revocation.

(a) The Authority may suspend
or revoke a caregiver’s identification card issued under ORS 475B.415(5)(b)
if the Authority determines that the designated primary caregiver violated a provision
of ORS 475B.400 to 475B.525, 475B.555, 475B.605, 475B.615, OAR chapter 333, division
7 or these rules.

(b) An individual whose designated
primary caregiver identification card has been revoked under this rule may not be
designated as a primary caregiver under ORS 475B.418 for six months from the date
of the revocation unless otherwise authorized by the Authority.

(3) Person Responsible for
a Marijuana Grow Site Suspension or Revocation.

(a) The Authority may suspend
or revoke the registration of a PRMG if the Authority determines that a PRMG violated
a provision of ORS 475B.400 to 475B.525, 475B.555, 475B.605, 475B.615, OAR chapter
333, division 7, these rules or an ordinance adopted pursuant to ORS 475B.500.

(b) If the Authority suspends
or revokes the registration of a PRMG the person’s registration is suspended
or revoked for all patients the person is producing marijuana for and the person
must:

(A) Return all marijuana
that is the property of the person’s patients, to the patients; or

(B) If the patient agrees,
transfer usable marijuana to a marijuana registered processing site or transfer
seeds, immature plants or usable marijuana to a registered dispensary.

(c) A PRMG must document
the information, including how much was transferred, the date of transfer, and to
whom the transfer was made, and provide that documentation to the Authority upon
request.

(d) Failure to comply with
the return, transfer, or documentation requirements is a violation and may result
in further enforcement action.

In addition to any other liability or
penalty provided by law, the Authority may impose for each violation of a provision
of ORS 475B.400 to 475B.525, 475B.555, 475B.605, 475B.615, or for each violation
of these rules, a civil penalty that does not exceed $500 for each day that the
violation occurs.

The Authority may possess, seize or
dispose of marijuana or usable marijuana as is necessary for the Authority to ensure
compliance with and enforce the provisions of ORS 475B.400 to 475B.525, 475B.555,
475B.605, 475B.615, OAR chapter 333, division 7, and these rules.

(1) A person may not establish, conduct,
maintain, manage or operate an establishment for the purpose of providing the services
in ORS 475B.450(1)(a) unless the person is registered by the Authority under these
rules.

(2) Nothing in these rules
exempts a dispensary registrant or dispensary representative from complying with
any other applicable state or local laws.

(3) Registration of a dispensary
does not protect a dispensary registrant or dispensary representative from possible
criminal prosecution under federal law.

(4) Registration by the Authority
is not a guarantee that a dispensary is permitted to operate under applicable land
use or other local government laws where the dispensary is located.

(5) These rules apply to
any initial or renewal application filed on or after June 24, 2016, and to any application
filed prior to June 24, 2016 that the Authority has not approved or denied.

For the purposes of OAR 333-008-1000
through 333-008-2200 the following definitions apply:

(1) "Dispensary representative"
means an owner, director, officer, PRD, manager, employee, agent or other representative
of a registered medical marijuana dispensary, to the extent that the person acts
in a representative capacity.

(2) "Dispensary registrant"
means:

(a) An individual who owns
a registered medical marijuana dispensary or, if a business entity owns the registered
medical marijuana dispensary, each individual who has a financial interest in the
registered medical marijuana dispensary; and

(b) Any PRD.

(3) "Person responsible for
a medical marijuana dispensary" or "PRD" means an individual who is directly involved
in the day-to-day operations of a dispensary and is identified as a PRD on an application.

(4) "Primary PRD" means a
PRD designated by the owner of the dispensary as the primary point of contact for
the Authority and who is authorized to receive any and all communications and legal
notices from the Authority.

(a) Submit an initial application
on a form prescribed by the Authority that includes but is not limited to:

(A) The name of the individual
who owns the dispensary or, if a business entity owns the dispensary, the name of
each individual who has a financial interest in the dispensary;

(B) The name of the individual
or individuals responsible for the dispensary, if different from the name of the
individual who owns the dispensary, with one of the individuals responsible for
the dispensary identified as the primary PRD;

(C) The physical and mailing
address of the medical marijuana dispensary; and

(b) Application and registration
fee.

(2) An initial application
for the registration of a dispensary must be submitted electronically via the Authority’s
website, www.healthoregon.org/ommp.

(3) If an initial application
is submitted along with the required fees the Authority will notify the applicant
in writing that the application has been received and that within 30 calendar days
of the date the written notice is mailed the following information must be received
by the Authority:

(a) For each individual named
in the application:

(A) A legible copy of the
individual’s valid government issued photographic identification that includes
last name, first name and date of birth;

(B) Information, fingerprints
and fees required for a criminal background check in accordance with OAR 333-008-2020;
and

(C) An Individual History
Form and any information identified in the form that is required to be submitted;

(b) A written statement from
an authorized official of the local government that the proposed location of the
dispensary is not located in an area that is zoned for residential use as that term
is defined in OAR 333-008-0010;

(c) Proof that the business
is registered or has filed an application to register as a business with the Oregon
Office of the Secretary of State, including proof of registration for any DBA (doing
business as) registration;

(d) Documentation, in a format
prescribed by the Authority that the proposed location of the dispensary is not
within 1,000 feet of:

(A) The real property comprising
a public or private elementary or secondary school, except as provided in Oregon
Laws 2016, chapter 83, section 29; or

(B) A registered dispensary.

(e) A scaled site plan of
the parcel on which the premises proposed for registration is located, including:

(A) Cardinal directional
references;

(B) Bordering streets and
the names of the streets;

(C) Identification of the
building or buildings in which the proposed dispensary is to be located;

(D) The dimensions of the
proposed premises of the dispensary;

(E) Identification of other
buildings or property owned by or under the control of the applicant on the same
parcel or tax lot as the premises proposed for registration that will be used in
the business; and

(F) Identification of any
residences on the parcel or tax lot.

(f) A scaled floor plan of
all enclosed areas of the premises at the proposed location that will be used in
the business with clear identification of walls, partitions, counters, windows,
all areas of ingress and egress, intended uses of all spaces and all limited access
areas; and

(g) Documentation that shows
the applicant has lawful possession of the proposed location of the dispensary.

(4) The documentation required
in section (3) of this rule may be submitted electronically to the Authority or
may be mailed to the Oregon Medical Marijuana Program, Oregon Health Authority,
PO Box 14116, Portland, OR 97293.

(a) If documentation is mailed
it must be received by the Authority within 30 calendar days of the date the Authority
mailed the notice to the applicant that the initial application was received or
the application will be considered incomplete.

(b) If documentation is submitted
electronically it must be received by the Authority by 5 p.m. Pacific Time within
30 calendar days of the date the Authority mailed the notice to the applicant that
the initial application was received or the application will be considered incomplete.

(5) Application and registration
fees must be paid online at the time of application.

(6) Criminal background check
fees must be paid by check or money order and must be mailed to the Oregon Medical
Marijuana Program, PO Box 14116, Portland, OR 97293, and must be received by the
Authority in accordance with provisions in section (4) of this rule.

(7) If the Authority does
not receive a complete application, including all documentation required in sections
(1) and (3) of this rule, and all required fees within the time frames established
in this rule, the application will be considered incomplete.

(8) If an applicant provides
the documentation required in section (3) of this rule the Authority will review
the information to determine if it is complete.

(a) If the documentation
is not complete or is insufficient the Authority must notify the applicant in writing
and the applicant will have 10 calendar days from the date such written notice is
mailed by the Authority to provide the additional documentation.

(b) If the applicant does
not provide the additional documentation within 10 calendar days or if any responsive
documents are incomplete, insufficient or otherwise do not demonstrate compliance
with ORS 475B.450 and these rules the application will be declared incomplete.

(9) A person who wishes to
register more than one location must submit a separate application, registration
fees, and all documentation described in sections (1) and (3) of this rule for each
location.

(10) An application that
is incomplete is treated by the Authority as if it was never received.

(1) Applications will be reviewed in
the order they are received by the Authority. An application is considered received
as of the date and time that payment of application and registration fees is authorized
by the entity that issued the credit or debit card used to pay the fees.

(2) Once the Authority has
determined that an application is complete it will review an application to the
extent necessary to determine compliance with ORS 475B.450 and these rules.

(3) The Authority may, in
its discretion, prior to acting on an application:

(a) Contact any individual
listed on the application and request additional documentation or information;

(b) Inspect the premises
of the proposed dispensary; or

(c) Verify any information
submitted by the applicant.

(4) Prior to making a decision
whether to approve or deny an application the Authority must:

(a) Review the criminal background
check results for each individual named on the application;

(b) Determine whether the
proposed location of the dispensary is the same location as a registered grow site
under OAR 333-008-0025;

(c) Review documentation
submitted by the applicant to determine, based on the information provided by the
applicant, whether the proposed location of the dispensary is located within 1,000
feet of:

(A) The real property comprising
a public or private elementary or secondary school, except as provided in Oregon
Laws 2016, chapter 83, section 29; or

(B) Another registered dispensary;

(d) Verify that the applicant
is registered as a business with the Office of the Secretary of State; and

(e) Verify that the proposed
location of the dispensary is not:

(A) Located in an area that
is zoned for residential use; or

(B) In a city or county that
has adopted an ordinance under ORS 475B.800 or section 133 chapter 614, Oregon Laws
2015, prohibiting dispensaries.

(5) If during the review
process the Authority determines that the application or supporting documentation
contains intentionally false or misleading information the Authority may declare
the application incomplete or issue a notice of denial under OAR 333-008-1060.

(6) The Authority will notify
the applicant in writing that the applicant has 60 calendar days from the date of
the written notice to submit a Readiness Form, prescribed by the Authority, indicating
that the applicant is prepared for an inspection and is in compliance with these
rules if:

(a) There is no basis for
denial under OAR 333-008-1060;

(b) The proposed dispensary
is in compliance with ORS 475B.450(3)(a) through (e);

(c) Each individual named
in the application passes the criminal background check; and

(d) Each individual named
as a PRD in the application meets age requirements.

(7) If the Authority does
not receive the Readiness Form in accordance with section (6) of this rule the applicant’s
application will be declared incomplete, unless an extension has been granted under
section (8) of this rule.

(8) An applicant may request
one extension of the 60-day deadline in section (6) of this rule if the applicant
can demonstrate to the Authority that the deadline cannot be met for reasons outside
of the applicant’s control, such as but not limited to the applicant’s
inability to obtain local government building permits.

(a) A request for an extension
must be in writing, must be received within 60 calendar days of the notice described
in section (6) of this rule and must explain and provide documentation that shows
the applicant cannot, for reasons outside of the applicant’s control, meet
the 60-day deadline, and must specify when the applicant believes it can submit
the Readiness Form.

(b) A request for an extension
tolls the 60-day deadline.

(c) The Authority will review
the request and provide, in writing to the applicant, its decision and the reason
for the decision.

(d) If an extension is granted
the Authority must inform the applicant of the new deadline for submission of the
Readiness Form, but in any case an extension may not exceed 60 calendar days.

(1) The Authority must perform a site
visit within 30 days of receiving a timely Readiness Form, as that is described
in OAR 333-008-1040 to determine whether the applicant and dispensary are in compliance
with these rules.

(2) If, after the site visit
the Authority determines that the applicant and dispensary are in compliance with
these rules the Authority must provide the primary PRD with proof of registration
that includes a unique registration number, and notify the primary PRD in writing
that the dispensary may operate.

(3) If, after the site visit
the Authority determines that the dispensary is not in compliance with these rules
the Authority may:

(a) Give the applicant 10
business days to come into compliance;

(b) Propose to deny the application
in accordance with OAR 333-008-1060; or

(c) Consider the application
to be incomplete.

(4) A registered dispensary
must at all times display proof of registration in a prominent place inside the
dispensary so that proof of registration is easily visible to individuals authorized
to transfer marijuana items to the dispensary and individuals who are authorized
to receive a transfer of marijuana items from the dispensary.

(5) A registered dispensary
may not use the Authority or the OMMP name or logo except to the extent that information
is contained on the proof of registration on any signs at the dispensary, on its
website, or in any advertising or social media.

(6) A dispensary’s
registration:

(a) Is only valid for the
location indicated on the proof of registration.

(a) An application, supporting
documentation provided by the applicant, or other information obtained by the Authority
shows that the qualifications for a dispensary in ORS 475B.450 or these rules have
not been met; or

(b) An individual named in
an application has been:

(A) Convicted for the manufacture
or delivery of a controlled substance in Schedule I or Schedule II within two years
from the date the application was received by the Authority; or

(B) Convicted more than once
for the manufacture or delivery of a controlled substance in Schedule I or Schedule
II; or

(c) The city or county in
which the facility is located has prohibited dispensaries in accordance with sections
133 chapter 614, Oregon Laws 2015, or ORS 475B.800, unless the dispensary meets
the criteria in sections 133(6), chapter 614, Oregon Laws 2015 or ORS 475B.800(6).

(2) The Authority may deny
an applicant if it determines that the applicant, the owner of the dispensary, a
PRD, or an employee of the medical marijuana dispensary:

(a) Submitted intentionally
false or misleading information to the Authority; or

(b) Violated at any time
a provision of ORS 475B.400 to 475B.525, 475B.555, 475B.605, 475B.615, OAR chapter
333, division 7, these rules or an ordinance adopted pursuant to ORS 475B.500.

(3) If an individual named
in an application is not qualified based on age or the criminal background check,
the Authority will permit a change form to be submitted in accordance with OAR 333-008-1078
or 333-008-2030, along with the applicable criminal background check fee. If the
individual named in the change form is not qualified the Authority must deny the
application in accordance with section (1) of this rule.

(4) If the Authority intends
to deny an application for registration it must issue a Notice of Proposed Denial
in accordance with ORS 183.411 through 183.470.

An applicant may withdraw an initial
or renewal application at any time prior to the Authority acting on the application
unless the Authority has determined that the applicant submitted false or misleading
information or there is a pending investigation or enforcement action in which case
the Authority may refuse to accept the withdrawal and may issue a notice of proposed
denial in accordance with OAR 333-008-1060.

(1) A dispensary’s registration
expires one year following the date of application approval.

(2) A dispensary registrant
must submit not more than 90 but at least 30 calendar days before the registration
expires:

(a) A renewal application
on a form prescribed by the Authority;

(b) Renewal fees;

(c) For each individual named
in the renewal application:

(A) A legible copy of the
individual’s valid government issued photographic identification that includes
last name, first name and date of birth;

(B) Information, fingerprints
and fees required for a criminal background check in accordance with OAR 333-008-2020;

(C) An Individual History
Form and any information identified in the form that is required to be submitted;

(d) Current proof of business
registration with the Secretary of State, including all DBA (doing business as)
registrations;

(e) Documentation that shows
the applicant has lawful possession of the location of the registered dispensary;

(f) Any information required
during an initial application; and

(g) A current scaled floor
plan of all enclosed areas at the registered dispensary that are used in the business
with clear identification of walls, partitions, counters, windows, all areas of
ingress and egress, and all limited access areas.

(3) A registrant who files
a completed renewal application with the Authority prior to the expiration date
of the registration may continue to operate, even after the registration expiration
date, pending a decision on the renewal application by the Authority.

(4) A dispensary registrant
that does not submit timely renewal documentation in accordance with sections (1)
and (2) of this rule may be subject to the imposition of civil penalties.

(5) If a dispensary registrant
does not submit all the forms, fees and information required in section (2) of this
rule prior to the registration’s expiration, the registration is expired and
is no longer valid.

(6) Renewals will be processed
in accordance with OAR 333-008-1040 to 333-008-1060, as applicable.

(7) A renewal applicant may
be required to submit a Readiness Form, as described in OAR 333-008-1040 and may
be subject to inspection prior to the Authority acting on a renewal application.

(8) For purposes of this
rule a completed application shall be deemed submitted upon receipt by the Authority
of all application forms, supporting documents and renewal fees described in section
(2) of this rule.

(c) Be responsible for ensuring
the registered dispensary complies with applicable laws.

(2) A PRD may not:

(a) Have been convicted in
any state for the manufacture or delivery of a controlled substance in Schedule
I or Schedule II within two years from the date of application; or

(b) Have been convicted more
than once in any state for the manufacture or delivery of a controlled substance
in Schedule I or Schedule II.

(3) At least one PRD must
be on site at a dispensary during Authority inspections or investigations at the
time of the inspection or investigation or within one hour of being notified that
an inspection or investigation is taking place.

(4) A PRD is accountable
for any intentional or unintentional action of registrant representatives, with
or without the knowledge of the PRD, who violate ORS 475B.450, 475B.453 or these
rules, and is responsible for any unlawful conduct that occurs on the premises of
the dispensary or any property outside the registered dispensary that is owned by
or under the control of the dispensary registrant.

(1) If an owner of a registered dispensary
is adding or changing a PRD or primary PRD, an individual with legal authority to
act on behalf of the registered dispensary must submit:

(a) A form, prescribed by
the Authority;

(b) A legible copy of the
individual’s valid government issued photographic identification that includes
last name, first name and date of birth;

(c) Information and fingerprints
required for a criminal background check in accordance with OAR 333-008-2020; and

(d) A criminal background
check fee of $35.

(2) A PRD who is designating
or assigning the responsibilities of a PRD to another individual must submit the
information and fees required in section (1) of this rule. The responsibilities
of a primary PRD may not be designated or assigned.

(3) The Authority will review
and approve the addition or change of a PRD or primary PRD if the individual meets
the requirements in OAR 333-008-1075.

(4) The Authority will review
and approve the designation or assignment of the responsibilities of a PRD to another
individual if that individual meets the requirements in OAR 333-008-1075. An individual
to whom a designation or assignment is made, and who is approved by the Authority,
has the same legal obligations as a PRD.

(5) An individual may not
act in the capacity of a PRD without approval from the Authority.

(6) If the Authority denies
the request to add or change a PRD or primary PRD, or denies the request to designate
or assign the responsibilities of a PRD to another individual, the Authority must
notify the individual that submitted the request of the denial and the current primary
PRD, and describe the reason for the denial.

(7) A registered dispensary
may not be open for business or receive or transfer any marijuana items without
at least one Authority approved PRD and a primary PRD.

(c) Within 1,000 feet of
the real property comprising a public or private elementary or secondary school,
except as provided in Oregon Laws 2016, chapter 83, section 29; or

(d) Within 1,000 feet of
another medical marijuana dispensary.

(2) For purposes of implementing
ORS 475B.450(3)(d), the Authority will consider a location to be a school if it
has at least the following characteristics:

(a) Is a public or private
elementary or secondary school as those terms are defined OAR 333-008-0010;

(b) There is a building or
physical space where students gather together for education purposes on a regular
basis;

(c) A curriculum is provided;

(d) Attendance is compulsory
under ORS 339.020 or children are being taught as described in ORS 339.030(1)(a);
and

(e) Individuals are present
to teach or guide student education.

(3) For purposes of determining
the distance between a dispensary and a school "within 1,000 feet" means a straight
line measurement in a radius extending for 1,000 feet or less in any direction from
the closest point anywhere on the boundary line of the real property comprising
an existing public or private elementary or secondary school to the closest point
of the premises of a dispensary. If any portion of the premises of a proposed or
registered dispensary is within 1,000 feet of a public or private elementary or
secondary school it may not be registered.

(4) For purposes of determining
the distance between a dispensary and another registered dispensary "within 1,000
feet" means a straight line measurement in a radius extending for 1,000 feet or
less in every direction from the closest point anywhere on the premises of a registered
dispensary to the closest point anywhere on the premises of a proposed dispensary.
If any portion of the premises of a proposed dispensary is within 1,000 feet of
a registered dispensary it may not be registered.

(5) In order to be registered
a dispensary must operate at a particular location as specified in the application
and may not be mobile.

(6) Minors on Premises. A
dispensary registrant may not permit a minor to be present in any limited access
or point of sale area of a registered dispensary.

(7) On Premises Consumption.

(a) A dispensary registrant
may not permit the ingestion, inhalation or topical application of a marijuana item
anywhere on the premises of the registered dispensary, except as described in subsection
(b) of this section.

(b) An employee of a registered
dispensary who is a patient may consume a marijuana item during his or her work
shift on the premises of the registered dispensary as necessary for his or her medical
condition, if the employee is:

(A) Alone and in a closed
room where no dispensary marijuana items are present;

(B) Not visible to patients
or caregivers on the premises of the registered dispensary to receive a transfer
of a marijuana item; and

(C) Not visible to the public
outside the dispensary.

(c) For purposes of this
section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing
a marijuana item.

(8) General Public and Visitor
Access. The general public is not permitted on the premises of a registered dispensary,
except as permitted by OAR 333-008-1500 and in accordance with this rule.

(a) In addition to registrant
representatives, the following visitors are permitted on the premises of a dispensary,
including limited access areas, subject to the requirements in section (9) of this
rule:

(A) Laboratory personnel,
if the laboratory is accredited by the Authority;

(B) A contractor authorized
by a registrant representative to be on the premises; or

(b) A registered dispensary
may permit up to seven invited guests 21 years of age and older, per week, on the
premises of a registered dispensary, including limited access areas, subject to
the requirements in section (9) of this rule.

(9) Visitor Escort, Log and
Badges.

(a) Prior to entering the
premises of a registered dispensary all visitors permitted by section (8) of this
rule must be documented and issued a visitor identification badge from a registrant
representative that must remain visible while on the premises. All visitors described
in section (8) of this rule must be accompanied by a registrant representative at
all times.

(b) A dispensary registrant
must maintain a log of all visitor activity and the log must contain the first and
last name and date of birth of every visitor, and the date they visited.

(10) Government Access. Nothing
in this rule is intended to prevent or prohibit Authority employees or contractors,
or other state or local government officials that have jurisdiction over some aspect
of the premises or a dispensary registrant to be on the premises.

(a) A visitor badge is not
required for government officials.

(b) A dispensary must log
every government official that enters the premises but the dispensary may not request
that the government official provide a date of birth for the log.

(11) Limited Access Areas.

(a) All limited access areas
must be physically separated from any area where the general public is permitted,
by a floor to ceiling wall that prevents physical access between a point of sale
area and an area that is open to the general public except through a door that is
kept locked by a dispensary when the door is not immediately in use.

(b) An applicant or registered
dispensary may request, in writing, an exception from the Authority from the requirement
to have a floor to ceiling wall. The request must include the reason the exception
is being sought, pictures of the area in question, and a description of an alternative
barrier that accomplishes the goal of providing a significant physical barrier between
the general public and any marijuana items on the premises of the dispensary.

(12) A dispensary must have:

(a) A designated limited
access area or areas where transfers of marijuana items are received and such an
area may not be accessible to patients or designated primary caregivers on the premises
to receive the transfer of a marijuana item or the general public; and

(b) A designated area within
the premises where patients and designated primary caregivers and other visitors
enter the dispensary and are checked in.

(13) The areas described
in section (12) of this rule must be clearly marked on the floor or plot plan sketch
required in OAR 333-008-1040.

(14) Point of Sale Areas.

(a) All point of sale areas
must be physically separated from any area where the general public is permitted
by a floor to ceiling wall that prevents physical access between a point of sale
area and an area that is open to the general public except through a door that is
kept locked by a dispensary when the door is not immediately in use.

(b) All areas where marijuana
items are available for transfer to a patient or designated primary caregiver must
be supervised by a dispensary representative at all times when a patient or designated
primary caregiver is present.

(c) A dispensary may not
transfer a marijuana item to a patient or designated primary caregiver through a
drive-through window.

(15) A dispensary may not
sublet or share with any other business any portion of the dispensary premises.

(a) Nothing in this rule
prohibits a dispensary or an accredited laboratory from complying with the testing
rules in OAR 333-007-0300 to 333-007-0490 and providing or accepting a test result
that is in compliance with OAR 333-064-0100 and 333-064-0110 in lieu of a test result
required in this rule.

(b) Nothing in this rule
prohibits an accredited laboratory from performing sampling and testing for a registrant
in accordance with this rule, prior to October 1, 2016.

(2) For purposes of this
rule:

(a) "Batch" has the same
meaning given that term in OAR 333-007-0310.

(b) "TNI" has the same meaning
given that term in OAR 333-007-0310.

(c) "TNI standards" has the
same meaning given that term in OAR 333-007-0310.

(3) Prior to being registered
a PRD must have documentation that identifies at least one laboratory that will
do the testing in accordance with this rule.

(4) A registered dispensary
may only accept laboratory test results from a laboratory on the Authority’s
list posted on the Authority’s website, www.healthoregon.org/ommp.

(5) A PRD must have a test
report that complies with section (11) of this rule that can be linked to the batch
from which each sample was taken and to each marijuana item available for transfer,
before the marijuana item is available for transfer to a patient or a designated
primary caregiver.

(6) A registered dispensary
may submit samples for testing in accordance with section (7) of this rule or a
PRD may accept test results if:

(a) A copy of the test results
is obtained at the time of transfer that clearly links the test results to the marijuana
item being transferred;

(b) The PRD can demonstrate
to the Authority that random samples from the batch were taken and submitted for
testing; and

(c) The PRD can demonstrate
to the Authority that the batch from where samples were taken was sealed and not
tampered with from the time samples for testing were taken and when they were delivered
to the dispensary.

(7) Prior to October 1, 2016,
if a dispensary accepts the transfer of a marijuana item that has not been tested
in accordance with this rule a dispensary representative must:

(a) Segregate each untested
batch and place the batch in an individual container or bag with a label attached
to the container or bag that includes at least the following information:

(A) A unique identifier;

(B) The name of the product;

(C) The name of the person
who transferred the marijuana item;

(D) The date the marijuana
item was received; and

(E) "PRODUCT NOT TESTED"
in bold, capital letters, no smaller than 12 point font.

(b) Take random samples from
each batch in an amount necessary to conduct the applicable test, label each sample
with the batch’s unique identifier, and submit the samples for testing.

(c) Once samples have been
taken for the purpose of testing, store and secure the untested item in a manner
that prevents the item from being tampered with or transferred prior to test results
being reported.

(8) Pesticide Testing. A
marijuana item, except for seeds and immature plants, must be tested for pesticides
by testing for individual pesticides (analytes) in the following categories, using
valid testing methodologies:

(a) Chlorinated Hydrocarbons;

(b) Organophosphates;

(c) Carbamates; and

(d) Pyrethroid.

(9) THC and CBD Testing.
A marijuana item, except for seeds and immature plants, must be tested to determine
the levels of THC and CBD using valid testing methodologies.

(10) Laboratory Requirements.
A PRD must be able to show that the laboratory that conducted the testing required
in this rule:

(a) Uses valid testing methodologies;
and

(b) Has a Quality System
for testing of pesticides that is compliant with the:

(A) 2005 International Organization
for Standardization 17025 Standard; or

(C) The pesticide results
as a numerical value in units of either parts per million or parts per billion if
the analyte was detected or a statement that the level detected was less than the
LOQ;

(D) The levels of THC and
CBD calculated in accordance with OAR 333-064-0100; and

(E) The quality control results
from the blank and quality control samples associated with the sample testing.

(c) Be signed by an official
of the laboratory with an attestation that the results are accurate and that testing
was done using valid testing methodologies and a quality system as required in this
rule.

(12) A sample of a marijuana
item shall be deemed to test positive for pesticides with a detection of more than
0.1 parts per million of any pesticide.

(13) If a marijuana item
tests positive for pesticides based on the standards in this rule the PRD must:

(a) Return the entire batch
from which the sample was taken to the individual who transferred the marijuana
item to the dispensary and document how many or how much was returned, to whom,
and the date it was returned; or

(b) Dispose of the entire
batch in a manner specified by the Authority.

(14) The PRD may permit laboratory
personnel or other persons authorized to do testing access to secure or restricted
access areas of the dispensary where marijuana items are stored. A dispensary representative
must log the date and time in and out of all such persons.

(15) If the Authority determines
that a laboratory is not using valid testing methodologies, does not have a quality
system, or is not producing test result reports in accordance with this rule the
Authority may remove the name of the laboratory from the list on the Authority’s
website.

(16) The Authority may do
audit testing of a marijuana item in order to determine whether a dispensary is
in compliance with this rule.

(1) Policies and Procedures. In order
to obtain a registration and to retain registration a dispensary registrant must
have written detailed policies and procedures and training for employees on the
policies and procedures that, at a minimum, cover the following:

(a) Security;

(b) Transfers of marijuana
items to and from the dispensary;

(c) Operation of a registered
dispensary;

(d) Required record keeping;

(e) Testing requirements;

(f) Packaging and labeling
requirements;

(g) Employee training;

(h) Compliance with these
rules, including but not limited to violations and enforcement; and

(i) Roles and responsibilities
for employees and PRDs in assisting the Authority during inspections or investigations.

(2) Employees. A registered
dispensary may employ an individual between the ages of 18 and 20 if the individual
is a patient. Otherwise, dispensary employees must be 21 years of age or older.

(3) Standardized Scales.
In order to obtain a registration and to retain registration a dispensary registrant
must own, maintain on the premises and use a weighing device that is licensed by
the Oregon Department of Agriculture. Licensed weighing devices must be used by
a registered dispensary whenever marijuana items are:

(a) Transferred to or from
the dispensary and the transfer is by weight;

(4) Inventory Tracking and
Point of Sale System: In order to obtain a registration and to retain registration
a registered dispensary must have an installed and fully operational integrated
inventory tracking and point of sale system that can and does, at a minimum:

(a) Produce bar codes or
similar unique identification numbers for each marijuana item lot transferred to
a registered dispensary;

(b) Trace back or link each
transfer of a marijuana item to a patient or caregiver to the marijuana item lot;

(c) Capture all information
electronically that is required to be documented in OAR 333-008- 1230 and 333-008-1245;

(e) Produce all the information
required to be submitted to the Authority pursuant to OAR 333-0080-1248.

(5) Online Verification of
Registration Status. A dispensary must verify an individual’s registration
status with the Authority when receiving or making the transfer of a marijuana item
if the Authority has available an online system for such verification.

(6) Inventory On-Site. Marijuana
items must be kept on-site at the dispensary. The Authority may take enforcement
action against a dispensary registrant if during an inspection a dispensary registrant
cannot account for its inventory or if the amount of usable marijuana at the registered
dispensary is not within five percent of the documented inventory.

(7) Testing. A dispensary
registrant may not:

(a) Accept a transfer of
a marijuana item that has not been tested in accordance with OAR 333-007-0300 to
333-007-0490.

(b) Transfer a marijuana
item that has not been tested in accordance with OAR 333-007-0300 to 333-007-0490
unless it was transferred to the dispensary prior to October 1, 2016 and is labeled
in accordance with OAR 333-007-0300(5).

(c) Transfer a marijuana
item that was received prior to October 1, 2016, that has not been tested in accordance
with OAR 333-007-0300 to 333-007-0490, after December 31, 2016.

(8) Packaging and Labeling.

(a) A dispensary may not
accept a transfer of a marijuana item or transfer a marijuana item that does not
comply with the labeling requirements in OAR 333-007-0010 to 333-007-0100, or that
does not comply with the packaging requirements in OAR 845-025-7000 to 845-025-7020
and 845-025-7060.

(b) A marijuana item that
was transferred to a dispensary prior to October 1, 2016 is not required to have
gone through the Commission’s pre-approval process for packaging and labeling
but still must meet the labeling requirements in OAR 333-007-0010 to 333-007-0100
and the packaging requirements in OAR 845-025-7000 to 845-025-7020 and 845-025-7060.

(c) On and after October
1, 2016, a dispensary may not accept a transfer of a marijuana item unless the item
has a label and package that has been pre-approved by the Commission, unless pre-approval
is not required under OAR 845-025-7060(9) to (12).

(9) Oregon Department of
Agriculture Licensure. On and after January 1, 2017, a registered dispensary that
sells or handles food, as that term is defined in ORS 616.695, or cannabinoid edibles,
must be licensed by the Oregon Department of Agriculture under ORS 616.706.

(10) Industrial Hemp Products.

(a) A dispensary may only
accept the transfer of and may only transfer a product that contains THC or CBD
that is derived from marijuana.

(b) Nothing in this section
prohibits a dispensary from buying or selling hemp products not intended for human
application, consumption, inhalation, ingestion, or absorption, such as hemp clothing.

(11) Tobacco. A dispensary
may not offer or sell tobacco products in any form including, but not limited to,
loose tobacco, pipe tobacco, cigarettes as defined in ORS 323.010 and cigarillos
as that is defined in OAR 333-015-0030.

(12) For purposes of this
rule "marijuana item lot" means a quantity of seeds, immature plants, usable marijuana,
medical cannabinoid products, concentrates or extracts transferred to a registered
dispensary at one time and that is from the same harvest lot or process lot as those
terms are defined in OAR 333-007-0020.

(1) This rule is in effect from March
1, 2016, until October 1, 2016. Nothing in this rule prohibits a dispensary from
complying with the labeling rules in OAR 333-007-0010 to 333-007-0100 prior to October
1, 2016.

(2) Prior to transferring
a marijuana item a PRD must ensure that a label is affixed to the marijuana item
that includes but is not limited to:

(A) THC and CBD potency expressed
as a percentage of weight or volume;

(B) The weight or volume
of usable marijuana in the product in grams, milligrams, or milliliters, as applicable;

(C) Testing batch number
and date tested;

(D) Who performed the testing;
and

(E) Warning label in accordance
with section (3) of this rule.

(3) If the registered facility
transfers a cannabinoid product, concentrate or extract the PRD must ensure it has
a warning label on the outside of the packaging that includes the following: "WARNING:
MEDICINAL PRODUCT — KEEP OUT OF REACH OF CHILDREN" in bold capital letters,
in a font size that is larger than the type-size of the other printing on the label
such that it is easy to read and prominently displayed on the product.

(1) This rule is in effect from March
1, 2016 until October 1, 2016. Nothing in this rule prohibits a dispensary from
complying with the packaging rules in OAR 845-025-7000 to 845-025-7060 prior to
October 1, 2016.

(2) For purposes of this
rule:

(a) "Child-resistant safety
packaging" means:

(A) Containers designed and
constructed to be significantly difficult for children under five years of age to
open and not difficult for adults to use properly;

(B) Closable for any product
intended for more than a single use or containing multiple servings; and

(C) Labeled in accordance
with OAR 333-008-1220.

(b) "Container" means a sealed,
hard or soft-bodied receptacle in which a tetrahydrocannabinol-infused product is
placed prior to being transferred to a patient or caregiver.

(c) "Packaged in a manner
not attractive to minors" means the tetrahydrocannabinol-infused product is not
in a container that is brightly colored, depicts cartoons or images other than the
logo of the facility, unless the logo of the facility depicts cartoons, in which
case only the name of the facility is permitted.

(3) A dispensary may not
transfer a medical cannabinoid product, extract or concentrate to a patient or caregiver
unless the product, extract or concentrate is in child-resistant safety packaging.

(1) Transfer of Usable Marijuana, Seeds
and Immature Plants. A patient, caregiver, or PRMG may transfer usable marijuana,
seeds and immature plants produced by a PRMG to a registered dispensary, subject
to the requirements in this rule.

(a) A registered dispensary
may only accept a transfer of usable marijuana, seeds or immature marijuana plants
from a caregiver or PRMG if the individual transferring the usable marijuana, seeds
or immature plants provides the original or a copy of a valid:

(A) Authorization to Transfer
form prescribed by the Authority; or

(B) Personal agreement as
that is defined in OAR 333-008-0010.

(b) Authorization to Transfer
Forms. In order to be valid an Authorization to Transfer form must include at least:

(A) The patient’s name,
OMMP card number or receipt number and expiration date and contact information;

(B) The name and contact
information of the individual who is authorized to transfer the usable marijuana,
seeds or immature marijuana plants to the registered dispensary and that individual’s
OMMP card number and expiration date;

(C) The name and address
of the registered dispensary that is authorized to receive the usable marijuana,
seeds or immature marijuana plants; and

(D) The date the authorization
expires, if earlier than the expiration date of the patient’s OMMP card.

(c) Personal Agreements.
In order to be valid a personal agreement must include at least:

(A) The patient’s name,
OMMP card number and expiration date and contact information;

(B) The name and contact
information of the PRMG to whom the patient’s property rights have been assigned
and the producer’s OMMP card number and expiration date, and the grow site
address;

(C) The portion of the patient’s
rights to possess seeds, immature plants and usable marijuana that is being assigned
to the producer.

(a) Beginning October 1,
2016, until January 1, 2017, a registered dispensary may accept the transfer of
a cannabinoid product or concentrate from an applicant that has submitted a complete
application for registration of a marijuana processing site.

(b) On and after January
1, 2017, a registered dispensary may only accept a transfer of a medical cannabinoid
product, concentrate or extract from a registered medical marijuana processing site.

(c) Beginning October 1,
2016, until January 1, 2017, a registered dispensary may accept the transfer of
a medical cannabinoid extract from an applicant that has submitted a complete application
for registration of a marijuana processing site.

(3) A registered dispensary
may only accept a transfer of cannabinoid products, concentrates or extracts from
registered processing site if the individual transferring the products, concentrates
or extracts provides the dispensary with a Processing Site Authorization to Transfer
form prescribed by the Authority. In addition to retaining a copy of the Processing
Site Authorization to Transfer form the dispensary must obtain a copy of the photo
identification of the individual transferring the cannabinoid product, concentrate
or extract as required in section (4)(b)(B) of this rule.

(4) Transfer Records. At
the time a marijuana item is transferred to a dispensary the dispensary registrant
must:

(a) Document, as applicable:

(A) The weight in metric
units of all usable marijuana received by the registered dispensary;

(B) The number of seeds and
immature plants received by the registered dispensary;

(C) The amount of a medical
cannabinoid product, concentrate, or extract received by the registered dispensary,
including, as applicable, the weight in metric units, or the number of units;

(D) The name of the marijuana
item;

(E) The date the marijuana
item was received; and

(F) The amount of reimbursement
paid by the registered dispensary.

(b) Obtain and maintain a
copy of, as applicable:

(A) Documents required in
section (1) of this rule including the date it was received;

(B) The photo identification
of the individual transferring the marijuana item to the dispensary, if such a copy
is not already on file;

(E) Test results for marijuana
items transferred to the dispensary unless the dispensary plans to arrange for the
testing of the marijuana item.

(5) Prior to October 1, 2016,
if a dispensary accepts the transfer of a marijuana item that has not been tested
in accordance with OAR 333-007-0300 to 333-007-0490 the dispensary must comply with
OAR 333-008-1190(7).

(6) Once a marijuana item
has been sampled in accordance with OAR 333-007-0360 the marijuana item must be
labeled and stored in accordance with OAR 333-007-0380.

(7) Nothing in these rules
requires a dispensary registrant to accept a transfer of a marijuana item.

(8) All documentation required
in this rule must be maintained electronically in an integrated inventory tracking
and point of sale system or the electronic data management system described in OAR
333-008-1247.

Transfers From a Registered Dispensary
to a Patient or Designated Primary Caregiver

(1) A dispensary registrant must, prior
to permitting an individual to enter a point of sale area on the dispensary premises,
except as permitted under OAR 333-008-1500, verify that the individual is a current
patient or designated primary caregiver.

(2) A registered dispensary
must, prior to transferring a marijuana item to a patient or a designated primary
caregiver:

(a) Verify the individual
is currently registered with the Authority by viewing the individual’s government
issued photo identification and Authority issued patient or caregiver card, or the
patient’s receipt, as described in OAR 333-008-0023(6) or OAR 333-008-0040(5)
and making sure the identities match.

(b) Obtain and retain, if
not already on file, a copy of the patient’s or caregiver’s:

(A) OMMP identification card
or receipt; and

(B) Government issued photo
identification.

(c) Document:

(A) The name, OMMP card number
and expiration date of the card of each person to whom the registered facility transfers
a marijuana item;

(B) If the marijuana item
was transferred to a designated primary caregiver, the patient’s name and
registration number for whom the caregiver was receiving the transfer;

(C) The amount of usable
marijuana transferred in metric units, if applicable;

(D) The number of seeds or
immature plants transferred, if applicable;

(E) The amount of a medical
cannabinoid product concentrate, or extract, if applicable;

(F) The brand name of the
marijuana item and a description of what was transferred;

(G) The date of the transfer;
and

(H) The amount of money paid
by the patient or designated primary caregiver for the transfer.

(3) A dispensary registrant
may not transfer at any one time to a patient or designated primary caregiver, within
one day, more than:

(a) 24 ounces of usable marijuana;

(b) 16 ounces of a medical
cannabinoid product in solid form;

(c) 72 ounces of a medical
cannabinoid product in liquid form;

(d) 16 ounces of a cannabinoid
concentrate whether sold alone or contained in an inhalant delivery system;

(e) Five grams of a cannabinoid
extract whether sold alone or contained in an inhalant delivery system;

(f) Four immature marijuana
plants; and

(g) 50 seeds.

(4) All documentation required
in this rule must be maintained electronically in an integrated inventory tracking
and point of sale system or the electronic data management system described in OAR
333-008-1247.

(1) In order to obtain a registration
and to retain registration a PRD must have an installed and fully operational electronic
data management system that is either the same as or different than the integrated
inventory tracking and point of sale system required in OAR 333-008-1200 capable
of maintaining:

(a) All copies of documents
required to be obtained and retained in OAR 333-008-1230 and 333-008-1245;

(b) Any revocation of an
Authorization to Transfer form or personal agreement; and

(c) All other information
required to be documented and retained by these rules if such information is not
contained in the inventory tracking and point of sale system required in OAR 333-008-1200.

(2) A dispensary registrant
must maintain all information required to be documented in these rules in a safe
and secure manner that protects the information from unauthorized access, theft,
fire, or other destructive forces, and is easily accessed and retrievable by the
Authority upon request, either at the registered dispensary or online.

(3) The electronic data management
system described in section (1) of this rule must:

(4) Documents and information
required to be maintained in these rules must be retained by a PRD for at least
two years.

(5) A dispensary registrant
must provide the Authority with any documentation required to be maintained in these
rules upon request, in the format requested by the Authority, or permit the Authority
access to such documentation on-site.

(1) On and after June 1, 2016, a PRD
must submit to the Authority electronically in a manner specified by the Authority,
by the 10th of each month, the following information:

(a) The amount of usable
marijuana transferred to and by the medical marijuana dispensary during the previous
month.

(b) The amount and type of
medical cannabinoid products transferred to and by the medical marijuana dispensary
during the previous month. For purposes of this section "type" means:

(A) Cannabinoid edibles;

(B) Cannabinoid topicals;

(C) Cannabinoid tinctures;

(D) Cannabinoid capsules;

(E) Cannabinoid suppositories;

(F) Cannabinoid transdermal
patches and

(G) Cannabinoid product other
than products listed in paragraphs (A) to (F) of this subsection.

(c) The amount and type of
cannabinoid concentrates transferred to and by the medical marijuana dispensary
during the previous month. For purposes of this section "type" means:

(A) Cannabinoid concentrate
in solid form; and

(B) Cannabinoid concentrate
in liquid form.

(d) The amount and type of
cannabinoid extracts transferred to and by the medical marijuana dispensary during
the previous month. For purposes of this section "type" means:

(A) Cannabinoid extract in
solid form; and

(B) Cannabinoid extract in
liquid form.

(e) The quantity of immature
marijuana plants transferred to and by the medical marijuana dispensary during the
previous month.

(f) The quantity of seeds
transferred to and by the medical marijuana dispensary during the previous month.

(2) Information submitted
to the Authority under this rule must:

(a) List each type of marijuana
item separately;

(b) Provide the total aggregate
amount of a type of marijuana item transferred to a dispensary by each patient,
designated primary caregiver, PRMG or processing site during the previous month;
and

(c) Provide the total aggregate
amount of a type of marijuana item transferred by a dispensary to each patient or
designated primary caregiver during the previous month.

(3) In addition to submitting
the information as required by section (1) of this rule, a person responsible for
a dispensary must keep a record of the information described in section (1) of this
rule for two years after the date on which the person submits the information to
the Authority.

(B) A chemical extraction
process using a nonhydrocarbon-based solvent, such as vegetable glycerin, vegetable
oils, animal fats, isopropyl alcohol or ethanol; or

(C) A chemical extraction
process using the hydrocarbon-based solvent carbon dioxide, provided that the process
does not involve the use of high heat or pressure.

(b) "Cannabinoid edible"
means:

(A) A food or potable liquid
into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves
or flowers have been incorporated.

(B) "Cannabinoid edible"
does not include a tincture or a cannabinoid product intended to be placed under
the tongue or in the mouth using a dropper or spray delivery method, such as but
not limited, to a sublingual spray.

(A) A chemical extraction
process using a hydrocarbon-based solvent, such as butane, hexane or propane; or

(B) A chemical extraction
process using the hydrocarbon-based solvent carbon dioxide, if the process uses
high heat or pressure.

(d)(A) "Cannabinoid product"
means a cannabinoid edible and any other product intended for human consumption
or use, including a product intended to be applied to the skin or hair, which contains
cannabinoids or dried marijuana leaves or flowers.

(B) "Cannabinoid product"
does not include:

(i) Usable marijuana by itself;

(ii) A cannabinoid concentrate
by itself;

(iii) A cannabinoid extract
by itself; or

(iv) Industrial hemp, as
defined in ORS 571.300.

(e) "Cannabinoid tincture"
means a solution of alcohol, cannabinoid concentrate or extract, and perhaps other
ingredients intended for human consumption or ingestion, and that is exempt from
the Liquor Control Act under ORS 471.035.

(f) "Cannabinoid topical"
means a cannabinoid product intended to be applied to skin or hair.

(g) "Dried leaves and flowers
of marijuana" means the cured and dried leaves and flowers from a mature marijuana
plant that have not been chemically altered or had anything added to them.

(h) "Immature marijuana plant"
means a marijuana plant that is not flowering.

(i) "Individual" means a
person 21 years of age or older who is not a patient or designated primary caregiver.

(j) "Limited marijuana retail
product" means:

(A) The seeds of marijuana;

(B) The dried leaves and
flowers of marijuana;

(C) An immature marijuana
plant;

(D) Cannabinoid edibles;

(E) Nonpsychoactive medical
cannabinoid products intended to be applied to a person’s skin or hair; and

(F) Prefilled receptacles
of cannabinoid extracts.

(k) "Low-dose cannabinoid
edible" means a cannabinoid edible that has no more than 15 milligrams of THC in
a unit.

(l) "Marijuana" means the
plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae
and the seeds of the plant Cannabis family Cannabaceae.

(m) "Medical cannabinoid
product" has the meaning given that term in ORS 475B.410.

(o) "Nonpsychoactive medical
cannabinoid product intended to be applied to a person’s skin or hair":

(A) Means a cannabinoid topical
with a THC content of not more than six percent that does not affect the mind or
mental processes.

(B) Does not mean a transdermal
patch.

(p) "Photographic identification"
means valid government issued identification with a photograph of the individual
that includes the individual’s last name, first name, and date of birth.

(q) "Prefilled receptacle
of cannabinoid extract" means a single use cartridge prefilled with a cannabinoid
extract by itself.

(r) "Unit" means a package
for sale.

(2) Until January 1, 2017,
a medical marijuana dispensary may sell limited marijuana retail product to an individual
in accordance with this rule if:

(a) The dispensary, five
days prior to selling any limited marijuana retail product notifies the Authority,
on a form prescribed by the Authority, that the dispensary intends to sell limited
marijuana retail product;

(b) The city or county in
which the dispensary operates has not adopted an ordinance prohibiting the sale
of limited marijuana retail product; and

(c) The Authority has not
prohibited the dispensary from selling limited marijuana retail product under section
(14) of this rule.

(3) A dispensary that is
permitted to sell limited marijuana retail product:

(a) Must examine the photo
identification of all individuals before entering the dispensary to ensure the individual
is 21 years of age or older.

(b) Must verify at the time
of sale that the individual is 21 years of age or older by examining the individual’s
photographic identification.

(c) May only sell limited
marijuana retail product as specified in sections (4) to (6) of this rule.

(4) A dispensary may sell
one-quarter ounce of dried leaves and flowers to an individual per day.

(5) Between June 2 and December
31, 2016 a dispensary may sell:

(a) One unit of a single-serving,
low-dose cannabinoid edible to an individual per day. A unit of a low-dose cannabinoid
edible can contain more than one edible as long as the total THC in the unit does
not exceed 15 milligrams.

(b) One prefilled receptacle
of a cannabinoid extract that does not contain more than 1,000 milligrams of THC
to an individual per day.

(c) Nonpsychoactive medical
cannabinoid products intended to be applied to a person’s skin or hair.

(6) A dispensary may sell
up to four immature marijuana plants to the same individual at any time between
October 1, 2015 and December 31, 2016.

(7) A dispensary may not:

(a) Offer, sell or provide
a cannabinoid product, extract or concentrate to an individual except as provided
in sections (4) through (6) of this rule; or

(b) Give away a limited marijuana
retail product to an individual.

(8) For each limited marijuana
retail product sale, a dispensary must document:

(a) The limited marijuana
retail product that was sold and the amount in metric units or number sold as applicable;

(b) The birth date of the
individual who bought the product;

(c) The sale price; and

(d) The date of sale.

(9) A dispensary may sell
non-marijuana items to an individual, such as but not limited to branded clothing.

(10) A dispensary is not
required to maintain a record of the name of the individual to whom a limited marijuana
retail product was sold but the dispensary must have a system in place that is outlined
in its policies and procedures for ensuring that an individual is not sold more
than the amount or number of a limited retail marijuana product permitted under
this rule.

(11) Records of sale transactions
and the documentation required in section (8) of this rule shall be maintained in
accordance with the Authority's record keeping requirements for dispensaries.

(a) Post at the point the
sale, the following posters prescribed by the Authority, measuring 22 inches high
by 17 inches wide that can be downloaded at www.healthoregon.org/marijuana:

(A) A Pregnancy Warning Poster;
and

(B) A Poisoning Prevention
Poster.

(b) Post at the point of
sale a color copy of the "Educate Before You Recreate" flyer measuring 22 inches
high by 17 inches wide that can be downloaded at WHATSLEGALOREGON.COM.

(c) Distribute to each individual
at the time of sale, a Marijuana Information Card, prescribed by the Authority,
measuring 3.5 inches high by 5 inches long that can be downloaded at www.healthoregon.org/marijuana.

(d) Comply with all rules
in OAR chapter 333, division 7 and 8 that apply to dispensaries including but not
limited to all security, testing, labeling, except as provided in section (13) of
this rule, packaging and documentation rules except rules that:

(A) Prohibit individuals
from entering or being present in a dispensary; and

(B) Prohibit a dispensary
from transferring marijuana to an individual.

(e) On and after January
4, 2016:

(A) Collect a tax of 25 percent
of the retail sales price of a limited marijuana retail product in the same manner
that a marijuana retailer that holds a license under section 22, chapter 1, Oregon
Laws 2015, collects the tax imposed under section 2, chapter 699, Oregon Laws 2015;

(B) Comply with all requirements
in sections 1 through 13, chapter 699, Oregon Laws 2015, and any applicable administrative
rules adopted by the Department of Revenue; and

(C) If requested by the Authority,
sign an authorization to permit the sharing of information between the Authority
and the Department of Revenue concerning tax collection required by section 21a,
chapter 699, Oregon Laws 2015.

(13) A dispensary:

(a) May substitute a warning
that reads "For use by adults 21 and older. Keep out of reach of children" for the
warning "For use by OMMP patients only. Keep out of reach of children" on labels
for limited marijuana retail products.

(b) Between June 2 and October
1, 2016, may not sell a low-dose cannabinoid edible or a prefilled receptacle of
a cannabinoid extract unless it is in child-resistant safety packaging, as that
is defined in OAR 333-008-1225.

(c) On and after October
1, 2016, must:

(A) Comply with the packaging
requirements in OAR 845-025-7000 to 845-025-7060 for all limited marijuana retail
products.

(B) Comply with any labeling
requirements in OAR 333-007-0010 to 333-007-0100 for limited marijuana retail products
that would be applicable to a similar item sold by an Oregon Liquor Control Commission
licensee.

(14) The Authority may, if
it determines that a dispensary has violated OAR 333-008-1500 through 333-008-1505:

(15) A dispensary may not
sell limited marijuana retail product to individuals if the dispensary is located
in a city or county that has adopted an ordinance prohibiting such sales in accordance
with section 3, chapter 784, Oregon Laws 2015.

(16) A dispensary that has
had its registration suspended may not sell limited marijuana retail product while
the registration is suspended.

(1) A dispensary that is selling limited
marijuana retail products to individuals must by April 10, 2016, July 10, 2016,
October 10, 2016, and January 10, 2017, report to the Authority, in a manner prescribed
by the Authority, the information required to be documented in OAR 333-008-1500(8)
for the previous quarter.

(2) A dispensary must submit,
by April 10, 2016, the information required to be documented in OAR 333-008-1500(8)
for October 1, 2015 through December 31, 2015.

(3) A dispensary selling
limited marijuana retail products to individuals must provide proof to the Authority
by May 10, 2016, August 10, 2016, November 10, 2016, and February 10, 2017. in a
manner prescribed by the Authority, that it has paid the tax required by the Department
of Revenue for the previous quarter. Documentation may include but is not limited
a copy of the marijuana tax returns, reports, payment vouchers, payment receipts
or any related documents filed with the Department.

(1) OAR 333-008-1600 to 333-008-2200
applies to any person processing marijuana for transfer to a registered dispensary.

(2) A person may not process
marijuana unless the person is registered in accordance with these rules, except
for a person:

(a) Processing marijuana
under a license issued by the Commission under ORS 475B.090; or

(b) Who has been designated
as a primary caregiver under ORS 475B.418 who processes a medical cannabinoid product
or a cannabinoid concentrate for the caregiver’s patient and who does not
transfer medical cannabinoid product or cannabinoid concentrate to a dispensary.

(1) "Cannabinoid capsule"
means a small soluble container, usually made of gelatin, that encloses a dose of
a cannabinoid product, concentrate or extract intended for human ingestion.

(2) "Cannabinoid edible"
means a food or potable liquid into which a cannabinoid concentrate or extract or
the dried leaves or flowers of marijuana have been incorporated.

(3) "Cannabinoid suppository"
means a small soluble container designed to melt at body temperature within a body
cavity other than the mouth, especially the rectum or vagina, containing a cannabinoid
product, concentrate or extract.

(4) "Cannabinoid tincture"
means a solution of alcohol, cannabinoid concentrate or extract, and perhaps other
ingredients intended for human consumption or ingestion, and that is exempt from
the Liquor Control Act under ORS 471.035.

(5) "Cannabinoid topical"
means a cannabinoid product intended to be applied to skin or hair.

(6) "Cannabinoid transdermal
patch" means an adhesive substance applied to human skin that contains a cannabinoid
product, concentrate or extract for absorption into the bloodstream.

(7) "Food" means a raw, cooked,
or processed edible substance, beverage or ingredient used or intended for use or
for sale in whole or in part for human consumption, or chewing gum.

(8) "Person responsible for
the marijuana processing site" or "PRP" means an individual who is directly involved
in the day-to-day operation of a processing site and is identified as a PRP on an
application.

(9) "Primary PRP" means a
PRP designated by the owner of the processing site as the primary point of contact
for the Authority and who is authorized to receive any and all communications and
legal notices from the Authority.

(10) "Processing site representative"
means an owner, director, officer, PRP, manager, employee, agent or other representative
of a registered processing site, to the extent that the person acts in a representative
capacity.

(11) "Processing site registrant”
means:

(a) An individual who owns
a registered processing site or if a business entity owns the registered processing
site, each individual who has a financial interest in the registered processing
site; and

(1) This rule applies to any initial
application filed on or after June 24, 2016 and to any initial application filed
prior to June 24, 2016 that the Authority has not yet approved or denied.

(2) To register a medical
marijuana processing site a person must:

(a) Submit an initial application
on a form prescribed by the Authority that includes but is not limited to:

(A) The name of the individual
who owns the processing site or, if a business entity owns the processing site,
the name of each individual who has a financial interest in the processing site;

(B) The name of the individual
or individuals responsible for the processing site, if different from the name of
the individual who owns the processing site, with one of the individuals responsible
for the processing site identified as the primary PRP;

(C) The address of the marijuana
processing site; and

(b) Application and registration
fees.

(c) An initial application
for the registration of a processing site must be submitted electronically via the
Authority’s website, www.healthoregon.org/ommp.

(3) If an initial application
is submitted along with the required fees the Authority will notify the applicant
that the initial application has been received and that within 30 calendar days
the following information must be received by the Authority:

(a) For each individual named
in the application:

(A) A legible copy of the
individual’s valid government issued photographic identification that includes
last name, first name and date of birth;

(B) Information, fingerprints
and fees required for a criminal background check in accordance with OAR 333-008-2020;
and

(C) An Individual History
Form and any information identified in the form that is required to be submitted.

(b) If the applicant intends
to process extracts, proof from the local government that the proposed location
of the processing site is not located in an area that is zoned for residential use;

(c) Proof that the business
is registered or has filed an application to register as a business with the Oregon
Office of the Secretary of State, including proof of registration of any DBA (doing
business as) registration;

(d) A scaled site plan of
the parcel or premises on which the premises proposed for registration, is located,
including:

(A) Cardinal directional
references;

(B) Bordering streets and
the names of the streets;

(C) Identification of the
building or buildings in which the proposed processing site is to be located;

(D) The dimensions of the
proposed premises of the processing site;

(E) Identification of other
buildings or property owned by or under the control of the applicant on the same
parcel or tax lot as the premises proposed for registration that will be used in
the business; and

(F) Identification of any
residences on the parcel or tax lot;.

(e) A scaled floor plan of
all enclosed areas of the premises at the proposed location that will be used in
the business with clear identification of walls, partitions, counters, windows,
all areas of ingress and egress, intended uses of all spaces;

(f) Documentation that shows
the applicant has lawful possession of the proposed location of the processing site;

(g) A description of the
type of products to be processed, a description of equipment to be used, including
any solvents, gases, chemicals or other compounds used to create extracts or concentrates
on a form prescribed by the Authority; and

(h) The proposed endorsements
as described in OAR 333-008-1700.

(4) The information and documentation
required in section (3) of this rule may be submitted electronically to the Authority
or may be mailed to the Oregon Medical Marijuana Program, Oregon Health Authority,
PO Box 14116, Portland, OR 97293.

(a) If documentation is mailed,
it must be received by the Authority within 30 calendar days of the date the Authority
mailed the notice to the applicant that the application was received or the application
will be considered incomplete.

(b) If documentation is submitted
electronically it must be received by the Authority within 30 calendar days of the
date the Authority mailed the notice to the applicant that the application was received
or the application will be considered incomplete.

(5) Application and registration
fees must be paid online at the time of application.

(6) Criminal background check
fees must be paid by check or money order and must be mailed to the Oregon Medical
Marijuana Program, Oregon Health Authority, PO Box 14116, Portland, OR 97293 and
must be received by the Authority in accordance with provisions in section (4) of
this rule.

(7) If the Authority does
not receive a complete application, all documentation required in sections (2) and
(3) of this rule, and all required fees within the time frames established in this
rule, the application will be considered incomplete.

(8) If the applicant provides
the documentation required in section (3) of this rule, the Authority will review
the information to determine if it is complete.

(a) If the documentation
is not complete or is insufficient the Authority must notify the applicant in writing
and the applicant will have 10 calendar days from the date such written notice is
mailed by the Authority to provide the additional documentation.

(b) If the applicant does
not provide the additional documentation within 10 calendar days or if any responsive
documents are incomplete, insufficient or otherwise do not demonstrate compliance
with ORS 475B.450 and these rules the application will be declared incomplete.

(9) A person who wishes to
register more than one location must submit a separate application, registration
fees, and all documentation described in sections (2) and (3) of this rule for each
location.

(10) An application that
is incomplete is treated by the Authority as if it was never received.

(1) Applications will be reviewed in
the order they are received by the Authority. An application is considered received
as of the date and time that payment of fees is authorized by the entity that issued
the credit or debit card used to pay the fees.

(2) Once the Authority has
determined that an application is complete it will review an application to the
extent necessary to determine compliance with ORS 475B.435 and these rules.

(3) The Authority may, in
its discretion, prior to acting on an application:

(a) Contact any individual
listed on the application and request additional documentation or information;

(b) Inspect the premises
of the proposed processing site; or

(c) Verify any information
submitted by the applicant.

(4) Prior to making a decision
whether to approve or deny an application the Authority must:

(a) Review the criminal background
check results for each individual named on the application;

(b) Verify that the applicant
is registered as a business with the Office of the Secretary of State; and

(c) Verify that the proposed
location of the processing site is not located:

(A) In an area that is zoned
for residential use if the processor intends to make extracts; and

(B) Is not in a city or county
that has adopted an ordinance under ORS 475B.800 or section 133, chapter 614, Oregon
Laws 2015, prohibiting processing sites.

(5) If during the review
process the Authority determines that the application or supporting documentation
contains intentionally false or misleading information the Authority may declare
the application incomplete or deny the application in accordance with OAR 333-008-1670.

(6) The Authority will notify
the applicant in writing that the applicant has 60 calendar days from the date of
the written notice to submit a Readiness Form, prescribed by the Authority, indicating
that the applicant is prepared for an inspection and is in compliance with these
rules if:

(a) There is no basis for
denial under OAR 333-008-1670;

(b) The proposed processing
site is in compliance with ORS 475B.435 and these rules;

(c) Each individual named
in the application passes the criminal background check; and

(d) Each individual named
as a PRP in the application meets the age requirement.

(7) If the Authority does
not receive the Readiness Form in accordance with section (6) of this rule the applicant’s
application will be declared incomplete, unless an extension has been granted under
section (8) of this rule.

(8) An applicant may request
one extension of the 60-day deadline in section (6) of this rule if the applicant
can demonstrate to the Authority that the deadline cannot be met for reasons outside
of the applicant’s control, such as but not limited to the applicant’s
inability to obtain local government building permits.

(a) A request for an extension
must be in writing, must be received within 60 calendar days of the notice described
in section (6) of this rule, and must explain and provide documentation that shows
the applicant cannot, for reasons outside of the applicant’s control, meet
the 60-day deadline.

(b) A request for an extension
tolls the 60-day deadline.

(c) The Authority will review
the request and provide, in writing to the applicant, its decision and the reason
for the decision.

(d) If an extension is granted
the Authority must inform the applicant of the new deadline for submission of the
Readiness Form, but in any case an extension may not exceed 60 calendar days.

(1) The Authority must perform a site
visit within 30 days of receiving a timely Readiness Form, as that is described
in OAR 333-008-1650 to determine whether the applicant and processing site are in
compliance with these rules.

(2) If, after the site visit
the Authority determines that the applicant and processing site are in compliance
with these rules the Authority must provide the primary PRP with proof of registration
that includes a unique registration number, and notify the primary PRP in writing
that the processing site may operate, and issue any applicable endorsements.

(3) If, after the site visit
the Authority determines that the processing site is not in compliance with these
rules the Authority may:

(a) Give the applicant 10
business days to come into compliance;

(b) Propose to deny the application
in accordance with OAR 333-008-1670; or

(c) Consider the application
to be incomplete.

(4) A processing site must
at all times display proof of registration in a prominent place inside the processing
site so that proof of registration is easily visible to individuals authorized to
be on the premises of the processing site.

(5) A registered processing
site may not use the Authority or the OMMP name or logo except to the extent that
information is contained on the proof of registration on any signs at the processing
site, on its website, or in any advertising or social media.

(6) A processing site’s
registration:

(a) Is only valid for the
location indicated on the proof of registration.

(1) The Authority must deny an application
for the registration of a processing site if:

(a) An application, supporting
documentation provided by the applicant, or other information obtained by the Authority
shows that the qualifications for a processing site in ORS 475B.435 or these rules
have not been met; or

(b) An individual named in
an application has been:

(A) Convicted for the manufacture
or delivery of a controlled substance in Schedule I or Schedule II within two years
from the date the application was received by the Authority; or

(B) Convicted more than once
for the manufacture or delivery of a controlled substance in Schedule I or Schedule
II; or

(c) The city or county in
which the facility is located has prohibited processing sites in accordance with
ORS 475B.800 or section 133, chapter 614, Oregon Laws 2015.

(2) The Authority may deny
an applicant if it determines that the applicant, the owner of the processing site,
a PRP, or an employee of the processing site:

(3) If an individual named
in an application is not qualified based on age, or the criminal background check,
the Authority will permit a change form to be submitted in accordance with OAR 333-008-1720
or 333-008-2030, along with the applicable criminal background check fee. If the
individual named in the change form is not qualified the Authority must deny the
application in accordance with section (1) of this rule.

(4) If the Authority intends
to deny an application for registration it must issue a Notice of Proposed Denial
in accordance with ORS 183.411 through 183.470.

An applicant for a processing site registration
may withdraw an initial or renewal application at any time prior to the Authority
acting on the application unless the Authority has determined that the applicant
submitted false or misleading information or there is a pending investigation or
enforcement action in which case the Authority may refuse to accept the withdrawal
and may issue a notice of proposed denial in accordance with OAR 333-008-1670.

(1) A processing site’s registration
expires one year following the date of application approval.

(2) A processing site registrant
must submit not more than 90 but at least 30 calendar days before the registration
expires:

(a) A renewal application
on a form prescribed by the Authority;

(b) Renewal fees;

(c) For each individual named
in the renewal application:

(A) A legible copy of the
individual’s valid government issued photographic identification that includes
last name, first name and date of birth;

(B) Information, fingerprints
and fees required for a criminal background check in accordance with OAR 333-008-2020;
and

(C) An Individual History
Form and any information identified in the form that is required to be submitted.

(d) Current proof of business
registration with the Secretary of State, including all DBA (doing business as)
registrations;

(e) Documentation that shows
the applicant has lawful possession of the location of the registered processing
site; and

(f) A current scaled floor
plan of all enclosed areas at the proposed location that will be used in the business
with clear identification of walls, partitions, counters, windows, all areas of
ingress and egress, uses of all spaces and all limited access areas.

(3) A registrant who files
a completed renewal application, fees, and all the information required in section
(2) of this rule with the Authority prior to the expiration date of the registration
may continue to operate, even after the registration expiration date, pending a
decision on the renewal application by the Authority.

(4) A processing site registrant
that does not submit a timely application, fees and all the information required
in section (2) of this rule may be subject to the imposition of civil penalties.

(5) If a processing site
registrant does not submit the renewal application, fees and all the information
required in section (2) of this rule prior to the registration’s expiration,
the registration is expired and is no longer valid.

(6) Renewals will be processed
in accordance with OAR 333-008-1650 to 333-008-1670, as applicable.

(7) A renewal applicant may
be required to submit a Readiness Form, as described in OAR 333-008-1650(9) and
may be subject to inspection prior to the Authority acting on a renewal application.

(1) A marijuana processor may only process
and transfer medical cannabinoid products, concentrates or extracts if the processor
has received an endorsement from the Authority for that type of processing activity.
Endorsements types are:

(2) An applicant must request
an endorsement upon submission of an initial application but may also request an
endorsement at any time following registration.

(3) In order to apply for
an endorsement an applicant or processing site registrant must submit a form prescribed
by the Authority that includes a description of the type of products to be processed,
a description of equipment to be used, and any solvents, gases, chemicals or other
compounds proposed to be used to create extracts or concentrates.

(4) Only one application
and registration fee is required regardless of how many endorsements an applicant
or registrant requests or at what time the request is made.

(5) A processing site registrant
may hold multiple endorsements.

(6) For the purposes of endorsements
any cannabinoid product that is intended to be consumed orally is considered a cannabinoid
edible.

(7) If a processor is no
longer going to process the product for which the processor is endorsed the processor
must notify the Authority in writing and provide the date on which the processing
of that product will cease.

(b) Have legal authority
to act on behalf of the registered processing site; and

(c) Be responsible for ensuring
the registered processing site complies with applicable laws.

(2) A PRP may not:

(a) Have been convicted in
any state for the manufacture or delivery of a controlled substance in Schedule
I or Schedule II within two years from the date of application; or

(b) Have been convicted more
than once in any state for the manufacture or delivery of a controlled substance
in Schedule I or Schedule II.

(3) At least one PRP must
be on site at a processing site during Authority inspections or investigations at
the time of the inspection or investigation or within one hour of being notified
that an inspection or investigation is taking place.

(4) A PRP is accountable
for any intentional or unintentional action of a processing site representative,
with or without the knowledge of the PRP, who violates ORS 475B.435 to 475B.440
or these rules, and is responsible for any unlawful conduct that occurs on the premises
of the processing site or any property outside the registered processing site that
is owned by or under the control of the processing site registrant.

(1) If an owner of a registered processing
site is adding or changing a PRP or primary PRP, an individual with legal authority
to act on behalf of the registered processing site must submit:

(a) A form, prescribed by
the Authority;

(b) A legible copy of the
individual’s valid government issued photographic identification that includes
last name, first name and date of birth;

(c) Information and fingerprints
required for a criminal background check in accordance with OAR 333-008-2020; and

(d) A criminal background
check fee of $35.

(2) A PRP who is designating
or assigning the responsibilities of a PRP to another individual must submit the
information and fees required in section (1) of this rule. The duties of a primary
PRP may not be designated or assigned.

(3) The Authority will review
and approve the addition or change of a PRP or primary PRP if the individual meets
the requirements in OAR 333-008-1710.

(4) The Authority will review
and approve the designation or assignment of the responsibilities of a PRP to another
individual if that individual meets the requirements in OAR 333-008-1710. An individual
to whom a designation or assignment is made, and who is approved by the Authority,
has the same legal obligations as a PRP.

(5) An individual may not
act in the capacity of a PRP without approval from the Authority.

(6) If the Authority denies
the request to add or change a PRP or primary PRP, or denies the request to designate
or assign the responsibilities of a PRP to another individual, the Authority must
notify the individual that submitted the request of the denial and the current primary
PRP and describe the reason for the denial.

(7) A registered processing
site may not process marijuana or receive or transfer any marijuana items without
at least one Authority approved PRP and a primary PRP.

(1) A registered processing site may
not be located in an area that is zoned for residential use if the processing site
is endorsed to make cannabinoid extracts.

(2) In order to be registered
a processing site must operate at a particular location as specified in the application
and may not be mobile.

(3) Minors on Premises. A
registered processing site may not permit a minor to be present in any limited access
area of a registered processing site.

(4) On Premises Consumption.

(a) A registered processing
site may not permit the ingestion, inhalation or topical application of a marijuana
item anywhere on the premises of the processing site, except as described in subsection
(b) of this section.

(b) An employee of a registered
processing site who is a patient may consume a marijuana item during his or her
work shift on the premises of the registered processing site as necessary for his
or her medical condition, if the employee is:

(A) Alone and in a closed
room where no processing site marijuana items are present; and

(B) Not visible to the public
outside the registered processing site.

(c) For purposes of this
section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing
a marijuana item.

(5) General Public and Visitor
Access. The general public is not permitted on the premises of registered processing
site, except as permitted by this rule.

(a) In addition to registrant
representatives, the following visitors are permitted on the premises of a processing
site, including limited access areas, subject to the requirements in section (6)
of this rule:

(A) Laboratory personnel,
if the laboratory is accredited by the Authority;

(B) A contractor authorized
by a registrant representative to be on the premises; or

(b) A registered processing
site may permit up to seven invited guests 21 years of age and older, per week,
on the premises of a registered processing site, including limited access areas,
subject to the requirements in section (6) of this rule.

(6) Visitor Escort, Log and
Badges.

(a) Prior to entering the
premises of a registered processing site all visitors permitted by section (5) of
this rule must be documented and issued a visitor identification badge from a registrant
representative that must remain visible while on the premises. A visitor badge is
not required for government officials. All visitors described in section (5) of
this rule must be accompanied by a registrant representative at all times.

(b) A processing site registrant
must maintain a log of all visitor activity and the log must contain the first and
last name and date of birth of every visitor, and the date they visited.

(7) Government Access. Nothing
in this rule is intended to prevent or prohibit Authority employees or contractors,
or other state or local government officials that have jurisdiction over some aspect
of the premises or a registered processing site to be on the premises.

(a) A visitor badge is not
required for government officials.

(b) A processing site must
log every government official that enters the premises but the processing site may
not request that the government official provide a date of birth for the log.

(8) A registered processing
site must have:

(a) A designated limited
access area or areas where transfers of marijuana items are received; and

(b) A designated area where
visitors enter the processing site premises and are checked in.

(9) The areas described in
section (8) of this rule must be clearly marked on the floor or plot plan sketch
required in OAR 333-008-1650.

(10) Signage. A registered
processing site must post:

(a) At every entrance to
the processing site a sign that reads: "No On-Site Consumption of Marijuana".

(b) At all areas of ingress
to a limited access area signs that reads:

(A) "Restricted Access Area
— Authorized Personnel Only".

(B) "No Minors Allowed".

(11) A processing site may
not sublet or share with any other business any portion of the processing site premises,
except as permitted in OAR 333-008-1790.

(1) Policies and Procedures. In order
to be registered and remain registered a processing site must create and maintain
written, detailed standard policies and procedures that include but are not limited
to:

(a) Instructions for making
each medical cannabinoid product, concentrate or extract.

(b) The ingredients and the
amount of each ingredient for each process lot.

(c) The process for making
each product.

(d) The number of servings
in a process lot.

(e) The intended amount of
THC per serving and in a unit of sale of the product.

(f) The process for ensuring
that the amount of THC is consistently distributed throughout each process lot.

(B) Purging any solvent or
other unwanted components from a cannabinoid concentrate or extract.

(h) Procedures for cleaning
all equipment, counters and surfaces thoroughly.

(i) Proper handling and storage
of any solvent, gas or other chemical used in processing or on the processing site
premises in accordance with material safety data sheets and any other applicable
laws.

(j) Proper disposal of any
waste produced during processing in accordance with all applicable local, state
and federal laws, rules and regulations.

(k) Quality control procedures
designed to, at a minimum, ensure that the amount of THC is consistently distributed
throughout each process lot and that potential product contamination is minimized.

(l) Appropriate use of any
necessary safety or sanitary equipment.

(m) Emergency procedures
to be followed in case of a fire, chemical spill or other emergency. (n) Security.

(o) Transfers of marijuana
items to and from the processing site.

(p) Testing.

(q) Packaging and labeling
if the processor intends to or is packaging and labeling marijuana items after transfer
to the processing site.

(r) Employee training.

(s) Compliance with these
rules, including but not limited to violations and enforcement.

(t) Roles and responsibilities
for employees and PRPs in assisting the Authority during inspections or investigations.

(2) Prohibitions. A registered
processing site may not process or transfer a marijuana item:

(a) That by its shape, design
or flavor is likely to appeal to minors, including but not limited to: (A) Products
that are modeled after non-cannabis products primarily consumed by and marketed
to children; or

(B) Products in the shape
of an animal, vehicle, person or character.

(b) That is made by applying
cannabinoid concentrates or extracts to commercially available candy or snack food
items.

(c) That contains dimethyl
sulfoxide (DMSO).

(3) Employees. A registered
processing site may employ an individual between the ages of 18 and 20 if the individual
is a patient. Otherwise, processing site employees must be 21 years of age or older.

(4) Standardized Scales.
In order to obtain a registration and to retain registration a processing site registrant
must own, maintain on the premises and use a weighing device that is licensed by
the Oregon Department of Agriculture. Licensed weighing devices must be used by
a processing site whenever marijuana items are:

(a) Transferred to or from
the processing site and the transfer is by weight;

(5) Inventory Tracking and
Point of Sale System: A registered processing site must have an integrated inventory
tracking and point of sale system that can and does, at a minimum:

(a) Produce bar codes or
similar unique identification numbers for each lot of usable marijuana transferred
to a registered processing site and for each lot of a medical cannabinoid product,
concentrate or extract transferred to a registered dispensary;

(b) Capture all information
required to be documented in OAR 333-008-1760 and 333-008-1770; (c) Generate inventory,
transaction, transport and transfer reports requested by the Authority viewable
in PDF format; and

(d) Produce all the information
required to be submitted to the Authority pursuant to OAR 333-0080-1830.

(6) Online Verification of
Registration Status. A registered processing site must verify an individual’s
or processing site’s registration status with the Authority when receiving
a transfer of a marijuana item if the Authority has available an online system for
such verification.

(7) Transfers from and to
patients or designated primary caregivers.

(a) A registered marijuana
processing site may transfer a medical cannabinoid product, concentrate or extract
to a patient, or a patient’s designated primary caregiver if the patient or
the patient’s designated primary caregiver provides the marijuana processing
site with the marijuana to be processed into the medical cannabinoid product, concentrate
or extract and the marijuana processing site receives no compensation for the transfer
of the marijuana.

(b) A registered processing
site must document each transfer of marijuana by a patient or the patient’s
designated primary caregiver to the processing site in accordance with OAR 333-008-
1760 and 333-008-1770.

(c) A registered processing
site must document each transfer of a cannabinoid product, concentrate or extract
to a patient or the patient’s designated primary caregiver in accordance with
OAR 333-008-1760 and 333-008-1770.

(d) A registered processing
site may be compensated by the patient or the patient’s designated primary
caregiver for all costs associated with the processing of marijuana for the patient.

(8) Inventory On-Site. Marijuana
items must be kept on-site at the registered processing site. The Authority may
take enforcement action against a registered processing site if during an inspection
a processing site cannot account for its inventory or if the amount of usable marijuana
at the processing site is not within five percent of the documented inventory.

(9) Testing. On and after
October 1, 2016, a processing site must comply with the applicable sampling and
testing requirements in OAR 333-007-0300 to 333-007-0490 and may not:

(a) Accept a transfer of
a marijuana item that has not been tested in accordance with OAR 333-007-0300 to
333-007-0490.

(b) Transfer a medical cannabinoid
product, concentrate or extract that has not been tested in accordance with OAR
333-007-0300 to 333-007-0490.

(10) Packaging and Labeling.

(a) On and after October
1, 2016, a processing site must comply with the labeling requirements in OAR 333-007-0010
to 333-007-0100, and the packaging requirements in OAR 845-025-7000 to 845-025-7020
and 845-025-7060.

(b) On and after October
1, 2016, a processing site must have its packages and labels pre-approved by the
Commission, unless pre-approval is not required under OAR 845-025-7060(9) to (12).

(11) Industrial Hemp Products.
A processing site may only accept the transfer of and may only transfer a product
that contains THC or CBD that is derived from marijuana.

(12) Sampling. A registered
processing site may provide a sample of a medical cannabinoid product, concentrate
or extract to a dispensary for the purpose of the dispensary determining whether
to purchase the product, concentrate or extract but the product, concentrate or
extract may not be consumed on the processing site. Any sample provided to a dispensary
must be recorded in the database.

(13) For purposes of this
rule:

(a) "Lot of usable marijuana"
means a quantity of usable marijuana transferred to a registered processing site
from the same harvest lot as that term is defined in OAR 333-007-0020; and

(b) "Lot of medical cannabinoid
products, concentrates or extracts" means a quantity of a medical cannabinoid product,
concentrate or extract transferred to a registered dispensary at one time and that
is from the same process lot as that term is defined in OAR 333-007-0020.

(1) In order to be registered and remain
registered a processing site must have a comprehensive training program that includes,
at a minimum, the following topics:

(a) The standard operating
policies and procedures.

(b) The hazards presented
by all solvents or other chemicals used in processing and on the registered premises
as described in the material safety data sheet for each solvent or chemical.

(c) Applicable Authority
statutes and rules.

(2) At the time of hire and
prior to engaging in any processing, and once yearly thereafter, each employee involved
in the processing of a medical cannabinoid product, concentrate or extract must
be trained in accordance with the processing site’s training program.

(1) Transfers of Marijuana by a Patient
or Designated Primary Caregiver to Process for a Patient. A patient or designated
primary caregiver may transfer marijuana to a registered processing site for no
compensation for the purpose of the registered processing site processing the marijuana
into a cannabinoid product, concentrate or extract.

(a) If a designated primary
caregiver is transferring the marijuana, a registered processing site may only accept
a transfer of marijuana under this section if the caregiver provides the original
or a copy of a valid Authorization to Transfer form prescribed by the Authority.

(b) In order to be valid
an Authorization to Transfer form must include at least:

(B) The name and contact
information of the individual who is authorized to transfer the usable marijuana
to the registered processing site and that individual’s OMMP card number and
expiration date;

(C) The name and address
of the registered processing site that is authorized to receive the usable marijuana;
and

(D) The date the authorization
expires, if earlier than the expiration date of the patient’s OMMP card or
receipt.

(2) Transfer of Usable Marijuana.
A patient, caregiver, or PRMG may transfer usable marijuana to a registered processing
site, subject to the requirements in this rule.

(a) A registered processing
site may only accept a transfer of usable marijuana if the individual transferring
the usable marijuana provides the original or a copy of a valid:

(A) Authorization to Transfer
form prescribed by the Authority; or

(B) Personal agreement as
that is defined in OAR 333-008-0010.

(b) Authorization to Transfer
Forms. In order to be valid an Authorization to Transfer form must include at least:

(A) The patient’s name,
OMMP card number and expiration date and contact information;

(B) The name and contact
information of the individual who is authorized to transfer the usable marijuana
to the registered processing site and that individual’s OMMP card number and
expiration date;

(C) The name and address
of the registered processing site that is authorized to receive the usable marijuana;
and

(D) The date the authorization
expires, if earlier than the expiration date of the patient’s OMMP card.

(c) Personal Agreements.
In order to be valid a personal agreement must include at least:

(A) The patient’s name,
OMMP card number and expiration date and contact information;

(B) The name and contact
information of the PRMG to whom the patient’s property rights have been assigned
and the producer’s OMMP card number and expiration date;

(C) The portion of the patient’s
rights to possess usable marijuana that is being assigned to the producer.

(3) Transfer of medical cannabinoid
products, concentrates or extracts. A registered processing site may only accept
a transfer of a medical cannabinoid product, concentrate or extract from another
registered medical marijuana processing site.

(4) A registered processing
site may only accept a transfer of a medical cannabinoid product, concentrate or
extract from a registered processing site that provides a Processing Site Authorization
to Transfer form, prescribed by the Authority. In addition the registered processing
site must obtain a copy of the photo identification of the individual transferring
the product, concentrate or extract as required in section (5)(b)(B) of this rule.

(5) Transfer Records. At
the time marijuana, usable marijuana or a medical cannabinoid product, concentrate
or extract is transferred to a registered processing site a processing site representative
must:

(a) Document, as applicable:

(A) The weight in metric
units of all usable marijuana received by the processing site;

(B) The amount of a medical
cannabinoid product, concentrate or extract received by the processing site, including,
as applicable, the weight in metric units, or the number of units;

(C) The name of the usable
marijuana or medical cannabinoid product, concentrate or extract;

(D) The date the usable marijuana
or medical cannabinoid product, concentrate or extract was received; and

(E) The amount of reimbursement
paid by the registered processing site.

(b) Obtain and maintain a
copy of, as applicable:

(A) Documents required in
section (1) of this rule including the date it was received;

(B) The photo identification
of the individual transferring the usable marijuana or medical cannabinoid product,
concentrate or extract to the registered processing site, if such a copy is not
already on file;

(C) The OMMP card of the
individual transferring usable marijuana;

(D) The medical marijuana
processing site registration; and

(E) Test results for marijuana
items transferred to the processing site unless the processing site plans to arrange
for the testing of the marijuana item.

(6) Prior to October 1, 2016,
if a registered processing site accepts the transfer of usable marijuana or a medical
cannabinoid product, concentrate or extract that has not been tested in accordance
with OAR 333-008-1190 or OAR 333-007-0300 to 333-007-0490 the processing site must
segregate that item in accordance with OAR 333-008-1190(7).

(7) Once samples of the usable
marijuana or a medical cannabinoid product, concentrate or extract have been taken
for the purpose of testing the item must be stored and secured in a manner that
prevents the product from being tampered with or transferred prior to test results
being reported.

(8) Nothing in these rules
requires a registered processing site to accept a transfer of a marijuana item.

(9) All documentation required
in this rule must be maintained electronically in an integrated inventory tracking
and point of sale system.

(1) A registered processing site must,
in addition to the completing a Processing Site Authorization to Transfer form,
prescribed by the Authority, document the following for transfers to a registered
dispensary or registered processing site:

(a) The name, address, and
registration number of the dispensary or processing site to which a medical cannabinoid
product, concentrate or extract was transferred;

(c) The name of the medical
cannabinoid product, concentrate, or extract transferred;

(d) The date of the transfer;
and

(e) The amount of money paid
by the registered dispensary or processing site for the transfer.

(2) A registered processing
site must document the following for the transfer of a medical cannabinoid product,
concentrate or extract to a patient or designated primary caregiver pursuant to
ORS 475B.443(1)(b) and (c):

(a) The name and registration
number or OMMP receipt number of the patient or designated primary caregiver to
which a medical cannabinoid product, concentrate or extract was transferred;

(b) If the medical cannabinoid
product, concentrate or extract was transferred to a designated primary caregiver,
the patient’s name and registration number for whom the caregiver was receiving
the transfer;

(a) Use equipment, counters
and surfaces for processing that are food-grade and do not react adversely with
any solvent being used.

(b) Have counters and surface
areas that are constructed in a manner that reduce the potential for development
of microbials, molds and fungi and that can be easily cleaned.

(c) Maintain the processing
site in a manner that is free from conditions which may result in contamination
and that is suitable to facilitate safe and sanitary operations for product preparation
purposes.

(2) A processing site may
not treat or otherwise adulterate a medical cannabinoid product, concentrate or
extract with any additives that would increase potency, toxicity, or addictive potential,
or that would create an unsafe combination with other psychoactive substances. Prohibited
additives include but are not limited to nicotine, alcohol, caffeine, or chemicals
that increase carcinogenicity.

(1) A processing site endorsed to make
cannabinoid edibles may only process in a food establishment licensed by the Oregon
Department of Agriculture (ODA) and must comply with the applicable provisions of
OAR chapter 603, division 21, division 24, division 25, with the exception of OAR
603-025-0020(17), and division 28.

(2) A processing site endorsed
to make cannabinoid edibles may not:

(a) Engage in processing
in a location that is operating as a restaurant, seasonal temporary restaurant,
intermittent temporary restaurant, limited service restaurant or single-event temporary
restaurant licensed under ORS chapter 624;

(b) Share a food establishment
with a person not registered with the Authority as a cannabinoid edible processor;

(c) Process cannabinoid edibles
and food in the same food establishment; or

(d) Use a cannabinoid concentrate
or extract in a cannabinoid edible unless that concentrate or extract was processed
in a food establishment licensed by ODA under OAR chapter 603, division 21, division
24, division 25, with the exception of OAR 603-025-0020(17), and division 28.

(3) A processing site endorsed
to make cannabinoid edibles may share a food establishment with another Authority
registered cannabinoid edible processor if:

(a) The schedule, with specific
hours and days that each processor will use the food establishment, is prominently
posted at the entrance to the food service establishment.

(b) Each registrant designates
a separate area to secure, in accordance with OAR 333-008-2080 any marijuana, medical
cannabinoid products, concentrates or extracts that a registrant stores at the food
establishment. If a cannabinoid edible processor does not store marijuana, medical
cannabinoid products, concentrates or extracts at the food establishment those items
must be stored on a registered processing site under the processor’s control.

(4) A food establishment
used by a processing site endorsed to make cannabinoid edibles is considered a registered
processing site and must meet the security and other premises requirements in these
rules.

(5) A processing site endorsed
to make cannabinoid edibles is strictly liable for any violation found at a shared
food establishment during that processor’s scheduled time, as reflected on
the posted schedule or within that processor’s designated area in the food
establishment.

(6) If the Authority cannot
determine by viewing the schedule or video surveillance footage who was responsible
for the violation, each processor at the shared food establishment is individually
and jointly liable for any documented violations.

(7) A processing site must
make cannabinoid edibles in a manner that results in the THC being distributed consistently
throughout the edible.

(1) Cannabinoid Concentrates or Extracts.
A processing site endorsed to make cannabinoid concentrates or extracts:

(a) May not use Class I solvents
as those are classified in the Federal Drug Administration Guidance, Table I, published
in the Federal Register on December 24, 1997 (62 FR 67377).

(b) Must:

(A) Only use a hydrocarbon-based
solvent that is at least 99 percent purity.

(B) Only use a non-hydrocarbon-based
solvent that is food-grade.

(C) Work in an environment
with proper ventilation, controlling all sources of ignition where a flammable atmosphere
is or may be present.

(D) Use only potable water
and ice made from potable water in processing.

(E) If making a concentrate
or extract that will be used in a cannabinoid edible, be endorsed as a cannabinoid
edible processor.

(2) Cannabinoid Extracts.
A processing site endorsed to make cannabinoid extracts:

(a) May not use pressurized
canned flammable fuel, including but not limited to butane and other fuels intended
for use in camp stoves, handheld torch devices, refillable cigarette lighters and
similar consumer products

(b) Must:

(A) Process in a:

(i) Fully enclosed room clearly
designated on the current diagram of the registered premises.

(ii) Room and with equipment,
including all electrical installations, that meet the requirements of the Oregon
Structural Specialty Code, related Oregon Specialty Codes and the Oregon Fire Code..

(B) Use a commercially manufactured
professional grade closed loop extraction system designed to recover the solvents
and built to recognized and generally accepted good engineering standards, such
as those of:

(i) American National Standards
Institute (ANSI);

(ii) Underwriters Laboratories
(UL); or

(iii) The American Society
for Testing and Materials (ASTM).

(C) If using carbon dioxide
in processing, use a professional grade closed loop carbon dioxide gas extraction
system where every vessel is rated to a minimum of 600 pounds per square inch.

(D) For extraction system
engineering services, including but not limited to consultation on and design of
extraction systems or components of extraction systems, use the services of a professional
engineer registered with the Oregon State Board of Examiners for Engineering and
Land Surveying, unless an exemption under ORS 672.060 applies;

(E) Have an emergency eye-wash
station in any room in which cannabinoid extract is being processed.

(F) Have all applicable material
safety data sheets readily available to personnel working for the processor.

(3) Cannabinoid Concentrates.
A processing site endorsed to make cannabinoid concentrates:

(a) May not:

(A) Use denatured alcohol.

(B) If using carbon dioxide,
apply high heat or pressure.

(b) Must only use or store
dry ice in a well ventilated room to prevent against the accumulation of dangerous
levels of carbon dioxide.

(c) May use:

(A) A mechanical extraction
process;

(B) A chemical extraction
process using a nonhydrocarbon-based or other solvent, such as water, vegetable
glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or

(C) A chemical extraction
process using the hydrocarbon-based solvent carbon dioxide, provided that the process
does not involve the use heat over 180 degrees or pressure.

(1) A processing site endorsed to make
cannabinoid topicals, tinctures, capsules, suppositories or transdermal patches
may not engage in processing in a location that is operating as a restaurant, seasonal
temporary restaurant, intermittent temporary restaurant, limited service restaurant
or single-event temporary restaurant licensed under ORS chapter 624.

(2) A registered processing
site making cannabinoid tinctures may only process in a food establishment licensed
by the Oregon Department of Agriculture (ODA) and must comply with the applicable
provisions of OAR chapter 603, division 21, division 24, division 25, with the exception
of OAR 603-025-0020(17), and division 28.

(1) In addition to other record keeping
required in these rules a registered processing site must keep records documenting
the following:

(a) How much marijuana is
in each process lot, as that term is defined in OAR 333-007-0020.

(b) If a product is returned
by a registered dispensary, how much product is returned and why.

(c) If a defective product
was reprocessed, how the defective product was reprocessed.

(d) Each training provided
in accordance with OAR 333-008-1750, the names of employees who participated in
the training, and a summary of the information provided in the training.

(e) All testing results.

(2) A processor must obtain
a material safety data sheet for each solvent used or stored on the licensed premises
and maintain a current copy of the material safety data sheet and a receipt of purchase
for all solvents used or to be used in an extraction process on the licensed premises.

(3) If the Authority requires
a processor to submit or produce documents to the Authority that the processor believes
falls within the definition of a trade secret as defined in ORS 192.501, the processor
must mark each document "confidential" or "trade secret".

Registered Marijuana Processing Site
Required Reporting to the Authority

(1) The individual or individuals responsible
for a marijuana processing site shall maintain documentation of each transfer of
usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid
extracts and on and after June 1, 2016, must submit to the Authority electronically,
by the 10th of each month, the following information:

(a) The amount of usable
marijuana transferred to the marijuana processing site during the previous month.

(b) The amount and type of
a medical cannabinoid concentrate or extract transferred by another registered processing
site during the previous month. For purposes of this section "type" means:

(A) Cannabinoid concentrate
in solid form; and

(B) Cannabinoid concentrate
in liquid form.

(c) The amount and type of
medical cannabinoid products transferred by the marijuana processing site to a dispensary.
For purposes of this section "type" means:

(A) Cannabinoid edibles;

(B) Cannabinoid topicals;

(C) Cannabinoid tinctures;

(D) Cannabinoid capsules;

(E) Cannabinoid suppositories;

(F) Cannabinoid transdermal
patches; and

(G) Cannabinoid product other
than products listed in paragraphs (A) to (F) of this subsection.

(d) The amount and type of
cannabinoid concentrates transferred by the marijuana processing site during the
previous month. For purposes of this section "type" means:

(A) Cannabinoid concentrate
in solid form; and

(B) Cannabinoid concentrate
in liquid form.

(e) The amount and type of
cannabinoid extracts transferred by the marijuana processing site during the previous
month. For purposes of this section "type" means:

(A) Cannabinoid extract in
solid form; and

(B) Cannabinoid extract in
liquid form.

(f) The amount and type of
medical cannabinoid products transferred by the marijuana processing site to a patient
or the patient’s designated primary caregiver during the previous month. For
purposes of this section "type" means:

(A) Cannabinoid edibles;

(B) Cannabinoid topicals;

(C) Cannabinoid tinctures;

(D) Cannabinoid capsules;

(E) Cannabinoid suppositories;

(F) Cannabinoid transdermal
patches; and

(G) Cannabinoid product other
than products listed in paragraphs (A) to (F) of this subsection.

(g) The amount and type of
cannabinoid concentrates or extracts transferred by the marijuana processing site
to a patient or the patient’s designated primary caregiver during the previous
month. For purposes of this section "type" means;

(A) Cannabinoid concentrate
or extract in liquid form; and

(B) Cannabinoid concentrate
or extract in solid form.

(2) Information submitted
to the Authority under this rule must:

(a) List each type of marijuana
item separately;

(b) Provide the total aggregate
amount of a type of marijuana item transferred to a processing site by a patient,
designated primary caregiver, PRMG or other registered processing site during the
previous month; and

(c) Provide the total aggregate
amount of a type of marijuana item transferred from a processing site to a registered
dispensary, patient, designated primary caregiver, or other registered processing
site during the previous month.

(3) In addition to submitting
the information as required by section (1) of this rule, a person responsible for
a processing site must keep a record of the information described in section (1)
of this rule for two years after the date on which the person submits the information
to the Authority.

(3) "Registrant representative"
means an owner, director, officer, PRD, PRP manager, employee, agent or other representative
of a registrant to the extent that the person acts in a representative capacity.

If an applicant or registrant is required
to or elects to submit information or documentation to the Authority by a particular
deadline it must be received, regardless of the method used to submit the writing,
by 5 p.m. Pacific Time.

(1) An individual named in a new or
renewal application as required by OAR 333-008-1020 or 333-008-1620, or if otherwise
required by these rules, must provide to the Authority:

(a) A criminal background
check request form, prescribed by the Authority that includes but is not limited
to:

(A) First, middle and last
name;

(B) Any aliases;

(C) Date of birth; and

(D) Address and recent residency
information.

(b) Fingerprints in accordance
with the instructions on the Authority’s webpage: www.healthoregon.org/ommp.

(c) A copy of the individual’s
driver license.

(2) The Authority may request
that an individual disclose his or her Social Security Number if notice is provided
that:

(a) Indicates the disclosure
of the Social Security Number is voluntary; and

(b) That the Authority requests
the Social Security Number solely for the purpose of positively identifying the
individual during the criminal records check process.

(3) The Authority shall conduct
a criminal records check in order to determine whether the individual has been convicted
of the manufacture or delivery of a controlled substance in Schedule I or Schedule
II in any state.

(4) If an individual wishes
to challenge the accuracy or completeness of information provided by the Department
of State Police, the Federal Bureau of Investigation and agencies reporting information
to the Department of State Police or Federal Bureau of Investigation, those challenges
must be made through the Department of State Police, Federal Bureau of Investigation
or reporting agency and not through a contested case process.

(5) Any criminal background
information received by the Authority during the criminal background check process
is confidential and is not subject to disclosure without a court order.

(1) A registrant must notify the Authority
within 10 calendar days of any of the following:

(a) The conviction for the
manufacture or delivery of a controlled substance in Schedule I or Schedule II of
any individual named in the application;

(b) A change in any contact
information for anyone listed in an application or subsequently identified as an
owner, an individual with a financial interest, a PRD or a PRP;

(c) A decision to remove
a PRD, PRP, primary PRD or primary PRP;

(d) A decision to permanently
close the dispensary or processing site at that location;

(e) For a dispensary, the
location of a public or private elementary or secondary school within 1,000 feet
of the dispensary; and

(f) The suspected theft of
marijuana items.

(2) The notification required
in section (1) of this rule must include a description of what has changed or the
event and any documentation necessary for the Authority to determine whether the
dispensary or processing site or dispensary or processing site registrant is still
in compliance with ORS 475B.435, 475B.450 and these rules including but not limited
to, as applicable:

(a) A copy of the criminal
judgment or order;

(b) The location of the school
that has been identified as being within 1,000 feet of the dispensary; or

(c) A copy of the police
report documenting that the suspected theft of marijuana items was reported to law
enforcement, if it was reported.

(3) Changes in Ownership,
Financial Interest or Business Structure. A registrant that proposes to change its
corporate structure, ownership structure or change who has a financial interest
in the business must submit a form prescribed by the Authority, any information
identified in the form to be submitted, and criminal background check fees, if applicable,
to the Authority, prior to making such a change.

(a) The Authority must review
the form and other information submitted and will approve the change if the change
would not result in an initial or renewal application denial under OAR 333-008-1060
or 333-008-1670, or serve as the basis of a registration suspension or revocation.

(b) If the Authority denies
the change but the registrant proceeds with the change the registrant must surrender
the registration or the Authority will propose to suspend or revoke the registration.

(4) Failure of a registrant
to notify the Authority in accordance with this rule may result in the imposition
of civil penalties or the suspension or revocation of a dispensary or processing
site’s registration.

(1) A registrant may not make any physical
changes to the premises that materially or substantially alters the premises or
the usage of the premises from the plans originally reviewed by the Authority, without
the Authority’s prior written approval.

(2) A registrant intending
to make any material or substantial changes to the premises must submit a form prescribed
by the Authority, and submit any information identified in the form to be submitted,
to the Authority, prior to making any such changes.

(3) The Authority must review
the form and other information submitted under section (2) of this rule, and will
approve the changes if the changes would not result in an initial or renewal application
denial under OAR 333-008-1060 or OAR 333-008-1670.

(4) If the Authority denies
the change but the registrant proceeds with the change the registrant must surrender
the registration or the Authority will propose to suspend or revoke the registration.

(5) For purposes of this
rule a material or substantial change requiring approval includes, but is not limited
to:

(a) Any increase or decrease
in the total physical size or capacity of the premises;

(b) The sealing off, creation
of or relocation of a common entryway, doorway, passage or other such means of public
ingress or egress, when such common entryway, doorway or passage alters or changes
limited access areas, such as the areas in which the transfer of marijuana items
occurs within the premises; or

(c) Any physical change that
would require the installation of additional video surveillance cameras or a change
in the security system.

(1) A registrant that wishes to change
its location must submit a new application that complies with OAR 333-008-1020 or
333-008-1620.

(2) A registrant may not
operate at a new location unless it is registered by the Authority.

(3) If a registrant is applying
for a registration at a new location because the registrant wishes to change the
location of the currently registered dispensary, and the new location is within
1,000 feet of the currently registered dispensary, the Authority will not deny the
application based on the new location being within 1,000 feet of a registered dispensary.
The Authority shall condition approval of the registration at the new location
on the surrender of the registration at the current location.

(4) A dispensary or processing
site that is approved to operate at a new location must comply with any instructions
provided by the Authority for transferring marijuana items from the previous location
to the new location.

(b) Contains any content
that can reasonably be considered to target minors including but not limited to
cartoon characters, toys, or similar images and items typically marketed towards
minors;

(c) Specifically encourages
the transportation of marijuana items across state lines;

(d) Asserts that marijuana
items are safe or safer for reasons including but not limited to because they are
regulated by the Authority or have been tested by a certified laboratory;

(e) Make claims that a marijuana
item has curative or therapeutic effects unless the claim is supported by the totality
of publicly available scientific evidence (including evidence from well-designed
studies conducted in a manner consistent with generally recognized scientific procedures
and principles) and for which there is significant scientific agreement among experts
qualified by scientific training and experience to evaluate such claims; or

(f) Display consumption of
marijuana items.

(2) A registrant may not
make any deceptive, false, or misleading assertions or statements on any product,
any sign, or any document provided to a patient, caregiver, or to an individual
as that term is defined in OAR 333-008-1500.

(3) A registrant must include
the following statement on all advertising:

(a) "Do not operate a vehicle
or machinery under the influence of marijuana".

(b) "Keep marijuana out of
the reach of children".

(4) A registrant must remove
any sign, display, or advertisement if the Authority finds it violates this rule.

(5) The Authority will notify
the registrant and specify a reasonable time period for the registrant to remove
any sign, display or advertisement that the Authority finds objectionable.

(1) Have an installed and
fully operational security alarm system, installed by an alarm installation company,
activated at all times when the premises is closed for business on all:

(a) Entry or exit points
to and from the premises; and

(b) Perimeter windows, if
applicable.

(2) Have a security alarm
system that:

(a) Detects movement inside
the premises;

(b) Is programmed to notify
a security company that will notify a registrant representative or his or her designee
in the event of a breach; and

(c) Has at least two operational
"panic buttons" located inside the premises that are linked with the alarm system
that notifies a security company.

(3) Have commercial grade,
non-residential door locks installed on every external door of a registered premises
where marijuana items are present.

(4) During all hours when
the registrant is not operating:

(a) Securely lock all entrances
to and exits from the registered premises and ensure any keys or key codes to the
enclosed area remain in the possession of the registrant or registrant representative;

(b) Have a safe or vault
as those terms are defined in OAR 333-008-0010 for the purpose of securing all marijuana
items as required by these rules.

(5) Have a password protected
network infrastructure.

(6) Have an electronic back-up
system for all electronic records.

(7) Keep all video recordings
and archived required records not stored electronically in a locked storage area.
Current records may be kept in a locked cupboard or desk outside the locked storage
area during hours when the registered business is open.

(1) Have an installed and
fully operational video surveillance recording system with video surveillance equipment
that at a minimum:

(a) Consists of:

(A) Digital or network video
recorders;

(B) Cameras capable of meeting
the requirements of OAR 333-008-2110 and this rule;

(C) Video monitors;

(D) Digital archiving devices;

(E) A minimum of one monitor
on premises capable of viewing video; and

(F) A color printer capable
of producing still photos.

(b) Is equipped with a failure
notification system that immediately notifies a registrant representative of any
surveillance interruption or failure that is longer than five minutes; and

(c) Has sufficient battery
backup to support a minimum of one hour of recording time in the event of a power
outage.

(2) Have a video surveillance
system capable of recording all pre-determined surveillance areas in any lighting
conditions.

(3) Have, in limited access
and point of sale areas, cameras that have minimum resolution of 1280 x 720 pixels
(px) and record at 10 fps (frames per second).

(4) Have, in exterior perimeter
and non-limited access areas (except for restrooms) cameras that have a minimum
resolution of 1280 x 720 px and record at least 5 fps, except where coverage overlaps
any limited access areas such as entrances or exits and in those overlap areas cameras
must record at 10 fps.

(1) In order to be registered and remain
registered a registrant must:

(a) Have cameras that are
installed, operational, and continuously record 24 hours a day in all areas where
marijuana items will be or are on the premises, including areas where the general
public is permitted (except restrooms).

(b) Use cameras that record
at a minimum resolution of 1280 x 720 px;

(c) Have an installed and
operational surveillance system that:

(A) Can produce a color still
photograph from any camera image; and

(B) Embeds the date and time
on all surveillance recordings without significantly obscuring the picture;

(2) A registrant must:

(a) Keep all surveillance
recordings a minimum of 45 calendar days and in a format that can be easily accessed
for viewing;

(b) Archive video recordings
in a format that ensures authentication of the recording as a legitimately-captured
video and guarantees that no alterations of the recorded image has taken place;

(c) Provide video surveillance
records and recordings immediately upon request to the Authority for the purpose
of ensuring compliance with ORS 475B.450 and these rules;

(d) Keep surveillance recordings
for periods exceeding 45 calendar days upon request of the Authority; and

(e) Immediately notify the
Authority of any equipment failure or system outage lasting 30 minutes or more.

(a) Have the surveillance
room or surveillance area in a limited access area.

(b) Have the surveillance
recording equipment housed in a designated, locked, and secured room or other enclosure
with access limited to:

(A) The registrant and authorized
personnel of the registrant;

(B) Employees of the Authority;

(C) State or local law enforcement
agencies for any other state or local law enforcement purpose; and

(D) Service personnel or
contractors.

(c) Keep a current list of
all authorized personnel and service personnel who have access to the surveillance
system and room on the registered premises.

(d) Keep a surveillance equipment
maintenance activity log on the registered premises to record all service activity
including the identity of any individual performing the service, the service date
and time and the reason for service to the surveillance system.

(2) A registrant may store
video recordings offsite as long as a PRD or PRP can demonstrate that the recordings
are secure and protected, that the recordings are kept for a minimum of 45 calendar
days as required in OAR 333-008-2110 and that the Authority can access the video
recordings upon request.

(1) A registrant may request that the
Authority waive one or more of the security requirements described in OAR 333-008-2080
to 333-008-2120 by submitting a request, in writing to the Authority. The request
must include:

(a) The specific rules and
subsections of a rule that is requested to be waived;

(b) The reason for the waiver;

(c) A description of an alternative
safeguard the registrant can put in place in lieu of the requirement that is the
subject of the waiver; and

(d) An explanation of how
and why the alternative safeguard accomplishes the goals of the security rules,
specifically public safety, prevention of diversion, accountability, and prohibiting
access to unauthorized individuals.

(2) The Authority may, in
its discretion and on a case by case basis, approve the waiver if it finds:

(a) The reason the registrant
is requesting the waiver is because another state or local law prohibits the particular
security measure that is required; or

(b) The registrant cannot,
for reasons beyond the registrant’s control or because the security measure
is cost prohibitive, comply with the particular security measure that is required;
and

(c) The alternative safeguard
that is proposed meets the goals of the security rules.

(3) The Authority must notify
the registrant in writing, whether the waiver has been approved. If the waiver
is approved the notice must specifically describe the alternate safeguards that
are required and, if the waiver is time limited, must state the time period the
wavier is in effect.

(4) The Authority may withdraw
approval of the waiver at any time upon a finding that the previously-approved alternative
measures are not sufficient to accomplish the goals of the security rules. If the
Authority withdraws its approval of the waiver, the registrant will be given a reasonable
period of time to come into compliance with the security requirement that was waived.

(1) A registered premises may be subject
to inspection by state or local government officials to determine compliance with
state or local health and safety laws.

(2) A person responsible
for a registered marijuana processing site must contact any utility provider to
ensure that the registrant complies with any local ordinance or utility requirements
such as water use, discharge into the sewer system, or electrical use.

(3) The Authority may require
a registered processing site or dispensary to obtain a certificate of occupancy
issued by a local building official or the Department of Consumer and Business Services
Building Codes Division, if the Authority has concerns about the public health and
safety of the registered premises.

(a) Prohibit any individual
working on the registered premises who has or appears to have a communicable disease,
open or draining skin lesion infected with Staphylococcus aureus or Streptococcus
pyogenes or any illness accompanied by diarrhea or vomiting for whom there is a
reasonable possibility of contact with marijuana items from having contact with
a marijuana item until the condition is corrected;

(b) Require all persons who
work in direct contact with marijuana items to conform to hygienic practices while
on duty, including but not limited to:

(A) Maintaining adequate
personal cleanliness; and

(B) Washing hands thoroughly
in an adequate hand-washing area before starting work, prior to having contact with
a marijuana item and at any other time when the hands may have become soiled or
contaminated;

(c) Provide hand-washing
facilities adequate and convenient, furnished with running water at a suitable temperature
and provided with effective hand-cleaning and sanitizing preparations and sanitary
towel service or suitable drying device;

(d) Properly remove all litter
and waste from the registered premises and maintain the operating systems for waste
disposal in an adequate manner so that they do not constitute a source of contamination
in areas where marijuana items are exposed;

(e) Provide employees with
adequate and readily accessible toilet facilities that are maintained in a sanitary
condition and good repair; and

(f) Hold marijuana items
that can support the rapid growth of undesirable microorganisms in a manner that
prevents the growth of these microorganisms.

In the event that a registrant is foreclosed
or otherwise ceases operations as described in ORS chapter 79, a secured party,
as defined in ORS 79.0102, may continue operations at the marijuana processing site
or dispensary upon submitting to the Authority proof, on a form prescribed by the
Authority, that the secured party or, if the secured party is a business entity,
any individual who has a financial interest in the secured party, meets the requirements
and restrictions set forth in:

(1) The Authority must conduct a routine
inspection of every registrant at least every year.

(2) The Authority may conduct
a complaint inspection at any time following the receipt of a complaint that alleges
a registrant or registrant representative is in violation of ORS 475B.435, ORS 475B.435
to 475B.443, 475B.450 to 475B.453, 475B.555, 475B.605, 475B.615, OAR chapter 333,
division 7 or these rules.

(3) The Authority may conduct
an inspection at any time if it believes, for any reason, that a registrant or registrant
representative is in violation of ORS 475B.435 to 475B.443, 475B.450 to 475B.453,
475B.555, 475B.605, 475B.615, OAR chapter 333, division 7 or these rules.

(4) The Authority may inspect
the following to ensure compliance with ORS 475B.435 to 475B.443, 475B.450 to 475B.453,
475B.555, 475B.605, 475B.615, OAR chapter 333, division 7 or these rules:

(a) The premises of a proposed
marijuana processing site or dispensary, or registered marijuana processing site
or dispensary; and

(b) The records of a registered
marijuana processing site or dispensary.

(5) Registrant representatives
must cooperate with the Authority during an inspection.

(6) If an individual at a
registered dispensary or processing site fails to permit the Authority to conduct
an inspection or if the Authority requires access to a dispensary or processing
site and cannot obtain permission the Authority may seek an administrative warrant
authorizing the inspection pursuant to ORS 431A.010.

(7) The Authority may purchase,
possess or seize a marijuana item as necessary for the Authority to determine compliance
with ORS 475B.435 to 475B.443, 475B.450 to 475B.453, 475B.555, 475B.605, 475B.615,
OAR chapter 333, division 7 or these rules.

(1)(a) Informal Enforcement. If, during
an inspection the Authority documents violations of ORS 475B.435 to 475B.443, 475B.450
to 475B.453, 475B.555, 475B.605, 475B.615, any of these rules or OAR chapter 333,
division 7, the Authority may issue a written Notice of Violation to a registrant
that cites the laws alleged to have been violated and the facts supporting the allegations.

(b) A registrant must submit
to the Authority a signed plan of correction within 10 business days from the date
the Notice of Violation was mailed by the Authority. A signed plan of correction
will not be used by the Authority as an admission of the violations alleged in the
Notice.

(c) A registrant must correct
all deficiencies within 10 business days from the date of the Notice, unless an
extension of time is requested from the Authority. A request for such an extension
shall be submitted in writing and must accompany the plan of correction.

(d) The Authority must determine
if a written plan of correction is acceptable. If the plan of correction is not
acceptable to the Authority it must notify the registrant in writing and request
that the plan of correction be modified and resubmitted no later than 10 business
days from the date the letter of non-acceptance was mailed.

(e) If the registrant does
not come into compliance by the date of correction reflected on the plan of correction,
the Authority may propose to suspend or revoke the registrant’s registration
or impose civil penalties.

(f) The Authority may conduct
an inspection at any time to determine whether a registrant has corrected the deficiencies
in a Notice of Violation.

(2) Formal Enforcement. If,
during an inspection or based on other information the Authority determines that
a registrant is in violation of ORS 475B.435 to 475B.443, 475B.450 to 475B.453,
475B.555, 475B.605, 475B.615, any of these rules or OAR chapter 333, division 7
the Authority may issue:

(a) A Notice of Proposed
Suspension or Revocation in accordance with ORS 183.411 through 183.470.

(b) A Notice of Imposition
of Civil Penalties in accordance with OAR 333-008-2200.

(c) An Order of Emergency
Suspension pursuant to ORS 183.430.

(3) The Authority must determine
whether to use the informal or formal enforcement process based on the nature of
the alleged violations, whether there are mitigating or aggravating factors, and
whether the registrant has a history of violations.

(4) The Authority must issue
a Notice of Proposed Revocation if the registrant no longer meets the criteria in
ORS 475B.450(3)(a) to (d) or ORS 475B.435(3)(a) or (b).

(5) The Authority may issue
civil penalties or maintain a civil action against an establishment providing the
services of a processing site or dispensary but is not registered in accordance
with ORS 475B.450, ORS 475B.435 and these rules.

(6) The Authority may revoke
the registration of a registrant for failure to comply with an ordinance adopted
by a city or county pursuant to ORS 475B.500, if the city or county:

(a) Has provided the registrant
with due process substantially similar to the due process provided to a registration
holder under the Administrative Procedures Act, ORS 183.413 to 183.470; and

(b) Provides the Authority
with a final order that is substantially similar to the requirements for a final
order under ORS 183.470 that establishes the registrant is in violation of the local
ordinance.

(7) The Authority must post
a final order revoking the registration of a registrant on the Authority’s
website.

(8) To the extent permitted
by law, if the Authority discovers violations that may constitute criminal conduct
or conduct that is in violation of laws within the jurisdiction of other state or
local governmental entities, the Authority may refer the matter to the applicable
agency.

(9) If the registration of
a registrant is revoked the owner or an authorized representative of the owner must:

(a) Make arrangements to
return the marijuana items still possessed at the location to the person who transferred
the marijuana item, document the return, and provide this information in writing
within one business day of the transfer, to the Authority; or

(b) Dispose of the marijuana
items in a manner specified by the Authority.

(10) The Authority is not
required to accept the surrender of a registration and may proceed with an enforcement
action even if a registrant has surrendered the registration.

(11) Notwithstanding OAR
333-008-3000 if the Authority suspends or revokes a registration or otherwise takes
disciplinary action against the registrant the Authority must provide that information
to a law enforcement agency.

(12) The Authority may possess,
seize or dispose of marijuana, usable marijuana, medical cannabinoid products, cannabinoid
concentrates and cannabinoid extracts as is necessary for the Authority to ensure
compliance with and enforce the provisions of ORS 475B.435 to 475B.443, 475B.450
to 475B.453, 475B.555, 475B.605, 475B.615, any of these rules or OAR chapter 333,
division 7.

(1) In addition to any other liability
or penalty provided by law, the Authority may impose, against any person, a civil
penalty that does not exceed $500 per day, for each violation of a provision of:

(a) The Authority shall create
and maintain a list of patients, designated primary caregivers, and grow site addresses.

(b) Except as provided in
subsection (c) of this section, the list is confidential and not subject to public
disclosure under ORS 192.410 to 192.505.

(c) Names, addresses and
other identifying information made confidential under subsection (1)(b) of this
rule may be released to:

(A) Authorized employees
of the Authority as necessary to perform official duties of the Authority, including
the production of any reports of aggregate (non-identifying) data or statistics;

(B) Authorized employees
of state or local law enforcement agencies who provide to the Authority adequate
identification but only as necessary to verify:

(i) That a person is or was
a lawful possessor of a registry identification card;

(ii) That a person is or
was a designated primary caregiver; or

(iii) That the address is
or was a registered grow site; or

(C) Other persons (such as,
but not limited to, employers, lawyers, family members) upon receipt of a properly
executed release of information signed by the patient, the patient's parent or legal
guardian, designated primary caregiver or PRMG. The release of information must
specify what information the Authority is authorized to release and to whom.

(d) In addition to releasing
information to authorized employees of state or local law enforcement agencies for
purposes of verifying information under paragraph (1)(c)(B) of this rule, the Authority
may release to authorized employees of state or local law enforcement agencies the
minimum amount of information necessary to enable an employee to determine whether
an individual or location is in compliance with a provision of ORS 475B.400 to 475B.525
or these rules.

(2) Database.

(a) Subject to subsection
(2)(b) of this rule the Authority may provide information that is stored in the
database to:

(A) A law enforcement agency.

(B) The regulatory agencies
of a city or county.

(b) The Authority may not
disclose the following information that may be stored in the database:

(A) Any personally identifiable
information, as defined in ORS 432.005, related to a patient or a designated primary
caregiver.

(B) Any personally identifiable
information, as defined in ORS 432.005, submitted to the Authority under ORS 475B.423,
475B.438 or 475B.453 or pursuant to ORS 475B.458.

(C) Any information related
to the amount and type of usable marijuana, medical cannabinoid products, or cannabinoid
concentrates and extracts transferred to or by a PRMG, medical marijuana processing
site or medical marijuana dispensary.

(3) Personally identifiable
information in grow site, medical marijuana processor or medical marijuana dispensary
applications. Any personally identifiable information, as defined in ORS 432.005,
other than a name of an individual or an address submitted with an application under
ORS 475B.435 or ORS 475B.450 that the Authority requires to be submitted and maintains
for purposes of registering a marijuana grow site, a marijuana processing site or
a medical marijuana dispensary is confidential and not subject to public disclosure
under ORS 192.410 to 192.505.

(4) Disclosure to designees.
The Authority may provide personally identifiable information to a person registered
under ORS 475B.400 to 475B.525 if the registrant requests the information and the
information is related to a designation made under ORS 475B.400 to 475B.525.

(5) Medical marijuana dispensary
security information. Any record that the Authority keeps or maintains for purposes
related to the installation or maintenance of a security system by a medical marijuana
processing site or dispensary pursuant to OAR 333-008-2080 to 333-008-2120 is confidential
and not subject to public disclosure under ORS 192.410 to 192.505.

(6) Disclosure following
investigation. Notwithstanding any of the confidentiality provisions of this rule
if the Authority determines, after conducting an investigation or receiving a complaint
of an alleged violation of a provision of ORS 475B.400 to 475B.525 or any rule adopted
thereunder, that a violation of a provision of ORS 475B.400 to 475B.525 or any rule
adopted thereunder has occurred, the Authority may provide any information obtained
by the Authority, except for information related to a patient’s debilitating
condition, to:

(a) Authorized employees
of state or local law enforcement agencies; or

(b) Another state or local
government agency with jurisdiction over the matter.

(7) Subpoenas. Notwithstanding
any of the confidentiality provisions of this rule, the Authority may disclose information
requested pursuant to a lawfully issued subpoena from a law enforcement agency.

(8) Disclosure following
disciplinary action. Notwithstanding section (3) of this rule, if the Authority
suspends or revokes the registration of the marijuana grow site, a PRMG, a marijuana
processing site or a medical marijuana dispensary, or otherwise takes disciplinary
action concerning a medical marijuana grow site, medical marijuana processing site,
or a medical marijuana dispensary, the Authority must provide that information to
a law enforcement agency.

(1) The Authority shall establish an
interactive method to allow authorized employees of state and local law enforcement
agencies to use the Oregon State Police Law Enforcement Data System (LEDS) to query
an OMMP data file in order to verify at any time whether a particular patient, designated
primary caregiver, or grow site location is listed or registered with the Authority.

(2) LEDS access will only
allow a yes or no answer to the query and the information obtained may not be used
for any other purpose other than verification.

(3) The Authority may allow
the release of reports related to verification if it is without identifying data.

(4) The Authority shall have
staff available by phone to verify law enforcement agency employee questions during
regular business hours in case the electronic verification system is down, and in
the event the system is expected to be down for more than two business days, the
Authority shall ensure program staff are available by phone for verification purposes.

Notwithstanding OAR 333-008-0021(5)
or 333-008-0047(1)(b), until July 1, 2016, the Authority will not impose or collect
a $100 replacement card fee if the reason for the replacement card is that the patient
is designating a new PRMG or new grow site address.

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
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